Section 1 definition of "motor vehicle" BEFORE amended by 2000-16-1(b), effective June 21, 2002 (BC Reg 150/2002).

"motor vehicle" means a vehicle, not run on rails, that is designed to be self propelled or propelled by electric power obtained from overhead trolley wires;

  Section 1 definition of "vehicle" BEFORE amended by 2000-16-1(c), effective June 21, 2002 (BC Reg 150/2002).

"vehicle" means a device in, on or by which a person or thing is or may be transported or drawn on a highway, except a device designed to be moved by human power or used exclusively on stationary rails or tracks.

  Section 1 definition of "director" was added by 2003-11-1, effective April 1, 2003 (BC Reg 139/2003).

  Section 1 definition of "municipality" BEFORE repealed by 2003-52-446, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

"municipality" includes village municipality as defined in the Local Government Act;

  Section 1 definition (part) of "highway" BEFORE amended by 2004-37-15(a), effective May 13, 2004 (Royal Assent).

(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited;

  Section 1 definition of "industrial road" BEFORE amended by 2004-37-15(b), effective May 13, 2004 (Royal Assent).

"industrial road" means industrial road as defined in the Highway (Industrial) Act;

  Section 1 definition of "highway", paragraph (a) BEFORE amended by 2004-44-137, effective December 31, 2004 (BC Reg 547/2004).

(a) every highway within the meaning of the Highway Act,

  Section 1 definition of "motor vehicle related Criminal Code offence", paragraph (d) was added by 2004-68-1, effective April 1, 2005 (BC Reg 173/2005).

  Section 1 definition of "automobile insurance" BEFORE repealed by 2003-94-72(a), effective June 1, 2007 (BC Reg 166/2006).

"automobile insurance" means automobile insurance as defined in the Insurance Act;

  Section 1 definition of "certificate of insurance" BEFORE amended by 2003-94-72(b) and 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

"certificate of insurance" means a certificate of automobile insurance issued under the Insurance (Motor Vehicle) Act and to the holder of a licence, permit or any class of licence or permit issued under this Act, whether issued as part of the licence or permit or as a separate document;

  Section 1 definition of "convicted" BEFORE amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

"convicted" has the same meaning as in section 30.1 of the Insurance (Motor Vehicle) Act;

  Section 1 definition of "driver's certificate" BEFORE amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

"driver's certificate" means a driver's certificate as defined in the Insurance (Motor Vehicle) Act;

  Section 1 definition of "insurance premium" BEFORE re-enacted by 2003-94-72(c) (as amended by 2006-28-59), effective June 1, 2007 (BC Reg 166/2006).

"insurance premium" means the premium prescribed under the Insurance (Motor Vehicle) Act for a motor vehicle liability policy or a driver's certificate issued under that Act and includes the basic premium and any additional premium, as defined in that Act;

  Section 1 definition of "motor vehicle indebtedness" BEFORE amended by 2003-94-72(c.1) (as amended by 2006-28-59) and 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

"motor vehicle indebtedness" has the meaning set out in paragraphs (a) to (f) of the definition of "motor vehicle indebtedness" in section 30.1 of the Insurance (Motor Vehicle) Act;

  Section 1 definition of "motor vehicle liability insurance card" BEFORE amended by 2003-94-72(d) and 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

"motor vehicle liability insurance card" means a card issued under the Insurance (Motor Vehicle) Act in respect of a motor vehicle liability policy, and may be part of an insurance certificate;

  Section 1 definition of "motor vehicle liability policy" BEFORE amended by 2003-94-72(e), effective June 1, 2007 (BC Reg 166/2006).

"motor vehicle liability policy" means a certificate of insurance issued by the Insurance Corporation of British Columbia that is in the form and provides insurance against the perils and for amounts prescribed by the Insurance (Motor Vehicle) Act and regulations under that Act;

  Section 1 definition of "owner's certificate" BEFORE amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

"owner's certificate" means an owner's certificate as defined in the Insurance (Motor Vehicle) Act;

  Section 1 definition of "vehicle insurance" was added by 2003-94-72(f), effective June 1, 2007 (BC Reg 166/2006).

  Section 1 definition of "number plates" BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

"number plates" means the number plates issued under this Act as well as validation decals for attachment to number plates issued under this Act or the regulations;

  Section 1 definition of "rural area" was added by 2007-36-125, effective April 3, 2009 (BC Reg 55/2009).

  Section 1 definition of "motor vehicle related Criminal Code offence", paragraphs (e) and (f) were added by 2009-10-2(b), effective July 31, 2009 (BC Reg 177/2009).

  Section 1 definition of "industrial road" BEFORE amended by 2010-9-14, effective October 4, 2010 (BC Reg 274/2010).

"industrial road" means industrial road as defined in the Industrial Roads Act, and includes a forest service road as defined in the Forest Act and land designated as a development road under section 8 (1) of the Petroleum and Natural Gas Act;

  Section 1 definitions "golf cart", "industrial utility vehicle" and "mobile equipment" were added by 2011-13-127(a), effective June 2, 2011 (Royal Assent).

  Section 1 definitions "motor vehicle" and "vehicle" BEFORE amended by 2011-13-127(b) and (c), effective June 2, 2011 (Royal Assent).

"motor vehicle" means a vehicle, not run on rails, that is designed to be self propelled or propelled by electric power obtained from overhead trolley wires, but does not include a motor assisted cycle;

"vehicle" means a device in, on or by which a person or thing is or may be transported or drawn on a highway, but does not include a device designed to be moved by human power, a device used exclusively on stationary rails or tracks or a motor assisted cycle;

  Section 1 definition of "off-road vehicle" was added by 2014-5-48, effective November 17, 2014 (BC Reg 200/2014).

  Section 1 definition of "motor vehicle" BEFORE amended by 2017-10-63,Sch 4, effective November 2, 2017 (Royal Assent).

"motor vehicle" means a vehicle, not run on rails, that is designed to be self propelled or propelled by electric power obtained from overhead trolley wires, but does not include mobile equipment or a motor assisted cycle;

  Section 1 definition of "insurance premium" BEFORE amended by 2018-19-33, effective May 17, 2018 (Royal Assent).

"insurance premium" means the premium established under the Insurance (Vehicle) Act for a motor vehicle liability policy and includes the basic premium and any additional premium, as defined in that Act;

  Section 1 definition of "motor vehicle related Criminal Code offence" BEFORE amended by 2018-18-1, effective December 18, 2018 (BC Reg 255/2018).

"motor vehicle related Criminal Code offence" means

(a) an offence committed before December 4, 1985 under section 203, 204, 219, 233, 234, 235 or 236 of the Criminal Code as it then was,

(b) an offence committed on or after December 4, 1985 and before December 12, 1988 under section 203, 204, 219, 233, 236, 237, 238, 239 or 242 of the Criminal Code as it then was,

(c) an offence committed on or after December 12, 1988 under section 220, 221, 236, 249 (1) (a), (3) or (4), 252 (1), 253 (a) or (b), 254 (5), 255 (2) or (3) or 259 (4) of the Criminal Code,

(d) an offence committed under section 249.1 of the Criminal Code on or after a date prescribed by the Lieutenant Governor in Council,

(e) an offence committed under section 249.2, 249.3, 249.4 or 255 (2.1), (2.2), (3.1) or (3.2) of the Criminal Code, or

(f) an offence committed under a prescribed provision of the Criminal Code

if the offence arose out of or was related to the operation, care or control of a motor vehicle or that was committed by means of a motor vehicle;

  Section 1 definitions of "blanket certificate", "passenger directed vehicle", "passenger directed vehicle authorization" and "transportation network services authorization" were added by 2018-53-67, effective September 16, 2019 (BC Reg 160/2019).

  Section 1 definition of "number plates" BEFORE repealed by 2020-11-1, effective August 14, 2020 (Royal Assent).

"number plates" means the number plates issued under this Act as well as validation decals for attachment to number plates issued under this Act;

  Section 1 definition of "number plate" was added by 2020-11-1, effective August 14, 2020 (Royal Assent).

  Section 1 definition of "rural area" BEFORE amended by 2010-21-15, effective February 1, 2021 (BC Reg 20/2021).

"rural area" does not include treaty lands;

  Section 1 definition of "motor vehicle" BEFORE amended by 2019-36-106(a), effective April 5, 2021 (BC Reg 90/2021).

"motor vehicle" means a vehicle, not run on rails, that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, but does not include mobile equipment or a motor assisted cycle;

  Section 1 definition of "regulated motorized personal mobility device" was added by 2019-36-106(b), effective April 5, 2021 (BC Reg 90/2021).

  Section 1 definition of "vehicle" BEFORE amended by 2019-36-106(c), effective April 5, 2021 (BC Reg 90/2021).

"vehicle" means a device in, on or by which a person or thing is or may be transported or drawn on a highway, but does not include a device designed to be moved by human power, a device used exclusively on stationary rails or tracks, mobile equipment or a motor assisted cycle;

  Section 1 definition of "emergency vehicle", paragraph (d) was added by 2020-9-1, effective June 7, 2021 (BC Reg 145/2021).

  Section 1 definition of "emergency vehicle", paragraphs (b) and (c) BEFORE amended by 2023-10-606(a) and (b), effective March 30, 2023 (Royal Assent).

(b) a motor vehicle, or cycle as defined in Part 3, driven by a member of a fire department in the discharge of his or her duties;

(c) a motor vehicle, or cycle as defined in Part 3, driven by a peace officer, constable or member of the police branch of Her Majesty's Armed Forces in the discharge of his or her duty;

  Section 1 definition of "farmer" BEFORE amended by 2023-10-606(c), effective March 30, 2023 (Royal Assent).

"farmer" means a person who resides on a farm and makes his or her principal living by farming it;

  Section 1 definition of "certificate of service" was added by 2023-16-37, effective November 30, 2023 (BC Reg 244/2023).

  Section 1 definitions of "cycle", "designated micro-utility device", "designated motorized device" and "designated personal mobility device" were added by 2023-17-1, effective April 5, 2024 (BC Reg 247/2023).

  Section 1 definition of "emergency vehicle", paragraphs (a) to (c) BEFORE amended by 2023-17-2, effective April 5, 2024 (BC Reg 247/2023).

(a) a motor vehicle, or cycle as defined in Part 3, carrying rescue or first aid equipment if there is an urgent emergency justifying a rate of speed in excess of any maximum rate of speed provided for in this Act;

(b) a motor vehicle, or cycle as defined in Part 3, driven by a member of a fire department in the discharge of the member's duties;

(c) a motor vehicle, or cycle as defined in Part 3, driven by a peace officer, constable or member of the police branch of Her Majesty's Armed Forces in the discharge of the peace officer's, constable's or member's duty;

  Section 1 definition of "gross vehicle weight rating" was added by 2023-17-3, effective April 5, 2024 (BC Reg 291/2023).

  Section 1 definition of "mobile equipment", sandwich text BEFORE amended by 2023-17-4, effective April 5, 2024 (BC Reg 247/2023).

but does not include a device in a class of devices excluded by regulation;

  Section 1 definition of "motor assisted cycle" BEFORE amended by 2023-17-5, effective April 5, 2024 (BC Reg 64/2024).

"motor assisted cycle" means a device

(a) to which pedals or hand cranks are attached that will allow for the cycle to be propelled by human power,

(b) on which a person may ride,

(c) to which is attached a motor of a prescribed type that has an output not exceeding the prescribed output, and

(d) that meets the other criteria prescribed under section 182.1 (3);

  Section 1 definition of "motor vehicle" BEFORE amended by 2023-17-6, effective April 5, 2024 (BC Reg 247/2023).

"motor vehicle" means a vehicle, not run on rails, that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, but does not include mobile equipment, a motor assisted cycle or a regulated motorized personal mobility device;

  Section 1 definition of "pedestrian" was added by 2023-17-7, effective April 5, 2024 (BC Reg 247/2023).

  Section 1 definition of "regulated motorized personal mobility device" BEFORE repealed by 2023-17-8, effective April 5, 2024 (BC Reg 247/2023).

"regulated motorized personal mobility device" means a personal mobility device

(a) that is designed

(i) to be solely self-propelled or self-propelled with the capability to be propelled by human power, and

(ii) subject to exceptions prescribed under section 210 (3.2), to transport one person, and

(b) that meets other criteria prescribed under section 210 (3.2)

but does not include a motor assisted cycle;

  Section 1 definition of "vehicle" BEFORE amended by 2023-17-9, effective April 5, 2024 (BC Reg 247/2023).

"vehicle" means a device in, on or by which a person or thing is or may be transported or drawn on a highway, but does not include a device designed to be moved by human power, a device used exclusively on stationary rails or tracks, mobile equipment, a motor assisted cycle or a regulated motorized personal mobility device;

  Section 1 definition of "convicted" BEFORE amended by 2023-35-1(a), effective May 23, 2024 (BC Reg 114/2024).

"convicted" has the same meaning as in section 30.1 of the Insurance (Vehicle) Act;

  Section 1 definition of "owner's licence" BEFORE repealed by 2023-35-1(d), effective May 23, 2024 (BC Reg 114/2024).

"owner's licence" means a licence issued under section 3, 5, 6 or 38;

  Section 1 definition of "emergency vehicle", paragraph (d) BEFORE amended by 2024-10-9, effective August 7, 2024 (BC Reg 144/2024).

(d) a motor vehicle driven by a sheriff, in the discharge of the sheriff's duties under the Sheriff Act, while transporting a person in the lawful custody of a sheriff;

  Section 1 definitions of "leased vehicle", "lessee" and "out-of-province lessee" were added by 2023-35-1(b), effective January 6, 2025 (BC Reg 115/2024).

  Section 1 definition of "owner" BEFORE amended by 2023-35-1(c), effective January 6, 2025 (BC Reg 115/2024).

"owner" includes a person in possession of a motor vehicle under a contract by which he or she may become its owner on full compliance with the contract;

  Section 2 (6) BEFORE amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

(6)  A motor vehicle or trailer exempted from registration and licensing under subsection (5) is deemed, for the purpose of the Insurance (Motor Vehicle) Act, to be registered and licensed under this Act.

  Section 2 (2) and (3) BEFORE repealed by 2019-36-107, effective June 3, 2024 (BC Reg 73/2024).

(2) This Act does not apply to the driving or operation of a mechanically propelled invalid's chair that is used only for the purposes for which it was designed.

(3) Despite subsection (2), a person must not drive or operate on a highway a mechanically propelled invalid's chair of a type or class prescribed by the Lieutenant Governor in Council as a motor vehicle unless the person complies with this Act.

  Section 2 (9) (a) BEFORE amended by 2023-35-2, effective January 6, 2025 (BC Reg 115/2024).

(a) on a private road owned by the owner or lessee of the motor vehicle, or

  Section 3 (1) (c) BEFORE amended by 2003-94-73(a), effective June 1, 2007 (BC Reg 166/2006).

(c) obtain for it a certificate of insurance under the Insurance (Motor Vehicle) Act.

  Section 3 (3) (b) BEFORE amended by 2003-94-73(b), effective June 1, 2007 (BC Reg 166/2006).

(b) a motor vehicle liability policy in accordance with the Insurance (Motor Vehicle) Act and regulations under that Act.

  Section 3 (4) BEFORE amended by 2003-94-73(c) (as amended by 2006-28-60(a)), effective June 1, 2007 (BC Reg 166/2006).

(4)  The form of motor vehicle liability policy referred to in subsection (3) (b) must be signed by the owner and delivered to the Insurance Corporation of British Columbia, a government agent or a person authorized in writing by the corporation for the purposes of this section, together with the prescribed fees, the insurance premium prescribed under the Insurance (Motor Vehicle) Act and the amount of tax owing in respect of the motor vehicle under the Social Service Tax Act.

  Section 3 (5) BEFORE amended by 2003-94-73(d) (as amended by 2006-28-60(b) and 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

(5)  For the purpose of every section of this Act requiring a person to obtain an insurance certificate or pay an insurance premium,

(a) a government agent, or

(b) a person authorized in writing under section 16 (3) (b) of the Insurance (Motor Vehicle) Act

may act as an agent of the Insurance Corporation of British Columbia for the purposes of the Insurance (Motor Vehicle) Act, despite section 16 of that Act; but a government agent or a person so authorized is not considered to be an insurance agent or insurance salesperson under the Financial Institutions Act and is not required to be licensed under that Act.

  Section 3 (6) BEFORE amended by 2003-94-73(f), effective June 1, 2007 (BC Reg 166/2006).

(6)  For the purpose of every section requiring a person to obtain a licence or permit for a motor vehicle or to drive and operate a motor vehicle, an agent of the Insurance Corporation of British Columbia, appointed under section 16 of the Insurance (Motor Vehicle) Act, is deemed to be a person authorized in writing by the corporation.

  Section 3 (7) BEFORE amended by 2003-94-73(g) and (h), effective June 1, 2007 (BC Reg 166/2006).

(7)  On receiving the application in the form required by the Insurance Corporation of British Columbia, and on being satisfied of the truth of the facts stated in the application, and that the prescribed fees and insurance premium have been paid, the corporation must cause the name and address of the owner and a description of the motor vehicle or trailer to be registered in a file or index to be kept for that purpose, and must cause the following to be issued to the owner:

(a) a numbered licence in the form established by the corporation, showing registration of the motor vehicle or trailer and authorizing its use and operation in accordance with this Act;

(b) one distinctive number plate in the case of a motorcycle or trailer, and 2 distinctive number plates in the case of a motor vehicle other than a motorcycle;

(c) a certificate of insurance and motor vehicle liability insurance card.

  Section 3 (10) (b) BEFORE amended by 2003-94-73(g) (as amended by 2006-28-60(c)), effective June 1, 2007 (BC Reg 166/2006).

(b) any insurance premium or part of it for a previous motor vehicle liability policy is unpaid, or

  Section 3 (4) BEFORE amended by 2010-5-189(a), effective July 1, 2010.

(4)  The form of motor vehicle liability policy referred to in subsection (3) (b) must be signed by the owner and delivered to the Insurance Corporation of British Columbia, a government agent or a person authorized in writing by the corporation for the purposes of this section, together with the prescribed fees, the insurance premium and the amount of tax owing in respect of the motor vehicle under the Social Service Tax Act.

  Section 3 (10) (c) BEFORE amended by 2010-5-189(b), effective July 1, 2010.

(c) any amount in respect of the motor vehicle under the Social Service Tax Act is not paid to the corporation.

  Section 3 (1) (part) BEFORE amended by 2011-13-128, effective June 2, 2011 (Royal Assent).

(1)  Except as otherwise provided in this Act, the owner of a motor vehicle or trailer must, before it is used or operated on a highway,

  Section 3.1 was enacted by 2011-13-129, effective June 2, 2011 (Royal Assent).

  Section 3 (4) BEFORE amended and 10 (c) (iv) was added by 2013-1-108, effective April 1, 2013.

(4)  The form of motor vehicle liability policy referred to in subsection (3) (b) must be signed by the owner and delivered to the Insurance Corporation of British Columbia, a government agent or a person authorized in writing by the corporation for the purposes of this section, together with the prescribed fees, the insurance premium and the amount of tax owing in respect of the motor vehicle under the Social Service Tax Act, the Consumption Tax Rebate and Transition Act or section 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act (Canada).

  Section 3 (10) (c) BEFORE amended and 10 (c) (iv) was added by 2013-1-108, effective April 1, 2013.

(c) any amount owing in respect of the motor vehicle under

(i)  the Social Service Tax Act,

(ii)  the Consumption Tax Rebate and Transition Act, or

(iii)  section 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act (Canada)

is not paid to the corporation.

  Section 3 (1.1) was added by 2014-5-49, effective November 17, 2014 (BC Reg 200/2014).

  Section 3 (4.1) was added by 2018-53-68, effective September 16, 2019 (BC Reg 160/2019).

  Section 3 (4.1) BEFORE amended by 2019-36-108, effective October 31, 2019 (Royal Assent).

(4.1) A person who is to be or has been issued a licence under the Passenger Transportation Act that includes a transportation network services authorization must, before motor vehicles are operated under the licence, obtain the prescribed motor vehicle liability policy.

  Section 3 (1.2), (3.1), (3.2) and (4.01) were added by 2023-35-3(a) and (c), effective January 6, 2025 (BC Reg 115/2024).

  Section 3 (3), (7) and (9) BEFORE amended by 2023-35-3(b), (d) and (e), effective January 6, 2025 (BC Reg 115/2024).

(3) The owner must apply for

(a) registration and licence in the form required by the Insurance Corporation of British Columbia, and

(b) a motor vehicle liability policy.

(7) On receiving the application in the form required by the Insurance Corporation of British Columbia, and on being satisfied of the truth of the facts stated in the application, and that the prescribed fees and insurance premium established under the Insurance (Vehicle) Act have been paid, the corporation must cause the name and address of the owner and a description of the motor vehicle or trailer to be registered in a file or index to be kept for that purpose, and must cause the following to be issued to the owner:

(a) a numbered licence in the form established by the corporation, showing registration of the motor vehicle or trailer and authorizing its use and operation in accordance with this Act;

(b) one distinctive number plate in the case of a motorcycle or trailer, and 2 distinctive number plates in the case of a motor vehicle other than a motorcycle;

(c) an owner's certificate and motor vehicle liability insurance card.

(9) On an application for the registration and licensing of a motor vehicle imported into British Columbia that has been registered or licensed at a place outside British Columbia, the Insurance Corporation of British Columbia may, as a condition of issuing the licence, require the applicant to deliver to the corporation the existing licence or certificate of registration and the current number plates issued for the motor vehicle outside British Columbia, to be retained by the corporation while the motor vehicle is used or operated in British Columbia.

  Section 3.1 (4) was added by 2011-13-130, effective June 7, 2012 (BC Reg 128/2012).

  Section 4 (2) (b) BEFORE amended by 2003-70-221, effective March 29, 2004 (BC Reg 64/2004).

(b) a corporation registered in British Columbia as an extraprovincial company under the Company Act, or

  Section 4 BEFORE amended by 2023-35-4, effective January 6, 2025 (BC Reg 115/2024).

  Section 5 (1) BEFORE amended by 2003-94-73.1 (as amended by 2006-28-61) and 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

(1)  The Insurance Corporation of British Columbia may, if a licensed dealer has paid the insurance premium prescribed under the Insurance (Motor Vehicle) Act, authorize the dealer to issue to the purchaser of a vehicle sold by the dealer an interim licence prescribed by the regulations.

  Section 5 BEFORE repealed by 2008-15-18, effective May 1, 2008 (Royal Assent).

  Section 7 BEFORE amended by 2023-35-5, effective May 23, 2024 (BC Reg 114/2024).

  Section 8 (1) (part) BEFORE amended by 2023-35-6, effective January 6, 2025 (BC Reg 115/2024).

(1) The Insurance Corporation of British Columbia may issue a licence for a farm tractor owned by a farmer if the tractor is used for

  Section 9 (1) BEFORE amended by 2023-35-7(a), effective January 6, 2025 (BC Reg 115/2024).

(1) If 2 or more motor vehicles belonging to the same owner are registered under this Act and are used exclusively in the conveyance of personal property in an industry carried on by that owner, and are all ordinarily used and operated entirely on premises other than a highway, but it is necessary for purposes of the industry that one of them occasionally be used or operated on a highway, the Insurance Corporation of British Columbia, on being satisfied as to the facts, may in the corporation's discretion cause one licence with its corresponding number plates to be issued in respect of all those motor vehicles, authorizing the use and operation of each of them in accordance with the provisions of this Act.

  Section 9 (1.1) was added by 2023-35-7(a), effective January 6, 2025 (BC Reg 115/2024).

  Section 9 (3) BEFORE amended by 2023-35-7(b), effective January 6, 2025 (BC Reg 115/2024).

(3) All the motor vehicles covered by a licence under this section, as long as they are used exclusively in the industry carried on by the owner, are deemed to be sufficiently licensed for the purposes of this Act, but only one of those motor vehicles may be operated on a highway at any one time.

  Section 10 (1) BEFORE amended by 2011-13-131(a), effective June 2, 2011 (Royal Assent).

(1)  The Insurance Corporation of British Columbia may, in respect of any motor vehicle known or described as a tractor, grader, loader, shovel, roller, mixer, crane or other self propelled construction machinery used in performing work in or on a mine or industrial undertaking, cause a licence to be issued permitting the operation of the motor vehicle for the purpose of proceeding to or returning from the work without load, and the form of the licence must be varied accordingly.

  Section 10 (1.1) was added by 2011-13-131(a), effective June 2, 2011 (Royal Assent).

  Section 10 (2) BEFORE amended by 2011-13-131(b), effective June 2, 2011 (Royal Assent).

(2)  A licence issued under this section is not in force during any time the motor vehicle is operated or used on a highway otherwise than for the purpose stated in the licence.

  Section 12 (2) BEFORE amended by 2006-28-69, effective May 18, 2006 (Royal Assent).

(2)  Instead of issuing new licence number plates, the Insurance Corporation of British Columbia may in any year issue numbered decals to be attached to previously issued number plates, and the decals must be of a material and design determined by the corporation, and the decals are and remain the property of the corporation.

  Section 12 (2.1) was added by 2006-28-69, effective May 18, 2006 (Royal Assent).

  Section 12 BEFORE re-enacted by 2020-11-2, effective August 14, 2020 (Royal Assent).

  Section 13 (2) BEFORE amended by 2003-11-2, effective April 1, 2003 (BC Reg 139/2003).

(2)  Every peace officer, officer or constable of the Royal Canadian Mounted Police or the police department of a municipality or inspector authorized by the Insurance Corporation of British Columbia under section 217 (1) (a) to inspect motor vehicles may seize a number plate that he or she finds detached from a motor vehicle or trailer, or he or she finds displayed on a motor vehicle or trailer other than the one for which it was issued, or that is required by this Act, the regulations or a direction of the corporation to be surrendered, and may hold it until the receipt of instructions from the corporation as to its disposal.

  Section 13 (2) BEFORE amended by 2007-14-154, effective December 1, 2007 (BC Reg 354/2007).

(2)  Every peace officer, officer or constable of the Royal Canadian Mounted Police or the police department of a municipality or inspector authorized under section 217 (1) (a) to inspect motor vehicles may seize a number plate that he or she finds detached from a motor vehicle or trailer, or he or she finds displayed on a motor vehicle or trailer other than the one for which it was issued, or that is required by this Act, the regulations or a direction of the Insurance Corporation of British Columbia to be surrendered, and may hold it until the receipt of instructions from the corporation as to its disposal.

  Section 13 (1) (b) and (c) BEFORE amended by 2020-11-3(a), effective August 14, 2020 (Royal Assent).

(b) without displaying on it, in the manner prescribed, the number plates issued or designated by the Insurance Corporation of British Columbia or otherwise prescribed to be displayed on that motor vehicle or trailer for the current licence year of that motor vehicle or trailer, or

(c) that has displayed on it a number plate other than those issued or designated by the Insurance Corporation of British Columbia or otherwise prescribed to be displayed on that motor vehicle or trailer for the current licence year of that motor vehicle or trailer.

  Section 13 (2) BEFORE amended and BEFORE paragraphs (a) and (b) were added by 2020-11-3(b), effective August 14, 2020 (Royal Assent).

(2) Every peace officer, officer or constable of the Royal Canadian Mounted Police or the police department of a municipality or inspector authorized under section 217 (1) (a) to inspect motor vehicles may seize a number plate that he or she finds detached from a motor vehicle or trailer, or he or she finds displayed on a motor vehicle or trailer other than the one for which it was issued, or that is required under this Act or by a direction of the Insurance Corporation of British Columbia to be surrendered, and may hold it until the receipt of instructions from the corporation as to its disposal.

  Section 13.1 was enacted by 2023-35-8, effective January 6, 2025 (BC Reg 115/2024).

  Section 14 BEFORE amended by 2023-35-9, effective January 6, 2025 (BC Reg 115/2024).

  Section 15 (1) (part) BEFORE amended by 2023-35-10(a), effective January 6, 2025 (BC Reg 115/2024).

(1) If a change is made in a motor vehicle registered under this Act by

  Section 15 (1.1) was added by 2023-35-10(b), effective January 6, 2025 (BC Reg 115/2024).

  Section 15 (3) BEFORE amended by 2023-35-10(c), effective January 6, 2025 (BC Reg 115/2024).

(3) The Insurance Corporation of British Columbia must then issue to the owner a new licence for the operation of the motor vehicle, and may require the substitution of new number plates for those last issued for that motor vehicle and the payment of the prescribed fee for them.

  Section 16 (4) was added by 2003-37-30, effective May 29, 2003 (Royal Assent).

  Section 17 (1) and (5) BEFORE amended by 2003-94-73.1 (as amended by 2006-28-61) and 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

(1)  If the title or interest of a person in a motor vehicle or trailer registered under section 3 is transferred, whether by gift, exchange, barter, or sale, the transferor and the transferee of the title or interest must immediately sign a notice of the transfer in the form required by the Insurance Corporation of British Columbia, and the transferee must within 10 days from the day of the transfer deliver the notice to the corporation for registration by the corporation, accompanied by the prescribed fee and the insurance premium prescribed under the Insurance (Motor Vehicle) Act in respect of the transfer and the amount of tax owing in respect of the motor vehicle under the Social Service Tax Act.

(5)  If a notice of transfer is delivered to the Insurance Corporation of British Columbia for a motor vehicle or trailer and any fee or part of a fee for a previous licence issued for the motor vehicle or trailer under this Act is unpaid, or if the insurance premium prescribed under the Insurance (Motor Vehicle) Act in respect of the transfer or any amount in respect of the motor vehicle or trailer under the Social Service Tax Act is unpaid, the corporation may refuse registration under this section.

  Section 17 (1) BEFORE amended by 2010-5-191(a), effective July 1, 2010.

(1)  If the title or interest of a person in a motor vehicle or trailer registered under section 3 is transferred, whether by gift, exchange, barter, or sale, the transferor and the transferee of the title or interest must immediately sign a notice of the transfer in the form required by the Insurance Corporation of British Columbia, and the transferee must within 10 days from the day of the transfer deliver the notice to the corporation for registration by the corporation, accompanied by the prescribed fee and the insurance premium in respect of the transfer and the amount of tax owing in respect of the motor vehicle under the Social Service Tax Act.

  Section 17 (5) BEFORE amended by 2010-5-191(b), effective July 1, 2010.

(5)  If a notice of transfer is delivered to the Insurance Corporation of British Columbia for a motor vehicle or trailer and any fee or part of a fee for a previous licence issued for the motor vehicle or trailer under this Act is unpaid, or if the insurance premium in respect of the transfer or any amount in respect of the motor vehicle or trailer under the Social Service Tax Act is unpaid, the corporation may refuse registration under this section.

  Section 17 (1) BEFORE amended by 2013-1-109(a), effective April 1, 2013.

(1)  If the title or interest of a person in a motor vehicle or trailer registered under section 3 is transferred, whether by gift, exchange, barter, or sale, the transferor and the transferee of the title or interest must immediately sign a notice of the transfer in the form required by the Insurance Corporation of British Columbia, and the transferee must within 10 days from the day of the transfer deliver the notice to the corporation for registration by the corporation, accompanied by the prescribed fee and the insurance premium in respect of the transfer and the amount of tax owing in respect of the motor vehicle under the Social Service Tax Act, the Consumption Tax Rebate and Transition Act or section 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act (Canada).

  Section 17 (5) (c) (iv) was added by 2013-1-109(b), effective April 1, 2013.

  Section 17 (1), (2) and (4) BEFORE amended by 2023-35-11, effective May 23, 2024 (BC Reg 114/2024).

(1) If the title or interest of a person in a motor vehicle or trailer registered under section 3 is transferred, whether by gift, exchange, barter, or sale, the transferor and the transferee of the title or interest must immediately sign a notice of the transfer in the form required by the Insurance Corporation of British Columbia, and the transferee must within 10 days from the day of the transfer deliver the notice to the corporation for registration by the corporation, accompanied by the prescribed fee and the insurance premium in respect of the transfer and the amount of tax owing in respect of the motor vehicle under the Social Service Tax Act, the Consumption Tax Rebate and Transition Act, section 212.1 or 218.1 or Division IV.1 of Part IX of the Excise Tax Act (Canada) or the Provincial Sales Tax Act.

(2) If there is a transfer, by operation of law, of the title or interest of an owner of a motor vehicle or trailer registered under section 3, by way of inheritance, bequest, order in bankruptcy, execution sale, repossession on default in performance of a lease or conditional sale contract, or other means than the voluntary act of the person whose title or interest is transferred,

(a) the notice of transfer under this section must be signed by the executor, administrator, receiver, trustee, sheriff or other representative or successor in interest of the person whose title or interest is so transferred in place of that person, and

(b) the person signing must transmit to the Insurance Corporation of British Columbia evidence satisfactory to the corporation of all facts entitling that person to sign the notice of transfer.

(4) All documents required to be transmitted to the Insurance Corporation of British Columbia under this section may be delivered to the corporation, a government agent or a person authorized in writing by the corporation for the purposes of this section, but in every case the person delivering the notice of transfer must at the same time surrender the licence last issued under section 3 for the motor vehicle or trailer, and the person to whom it is surrendered must endorse on it a memorandum of the notice of transfer and the date of its delivery to him or her.

  Section 18 BEFORE amended by 2004-57-18, effective October 21, 2004 (Royal Assent).

  Section 18 BEFORE amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

  Section 18 BEFORE amended by 2023-10-607, effective March 30, 2023 (Royal Assent).

  Section 18 BEFORE amended by 2023-35-12, effective May 23, 2024 (BC Reg 114/2024).

  Section 19 BEFORE amended by 2003-70-222, effective March 29, 2004 (BC Reg 64/2004).

  Section 19 BEFORE re-enacted by 2023-35-13, effective January 6, 2025 (BC Reg 115/2024).

  Section 20 (2) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

(2)  On the certificate of the Insurance Corporation of British Columbia showing the surrender of the licence for the motor vehicle or trailer covered by a notice under this section, the Minister of Finance and Corporate Relations must, out of the revenue collected under this Act, refund to the licensee that part of the licence fee that is proportionate to the part of the term of the licence that is unexpired at the time of its surrender, and in the case of a licence surrendered under subsection (1) (a) or (b), the registration of the motor vehicle or trailer under section 3 must be cancelled.

  Section 20 (5) (b) BEFORE amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

(b) the insurance premium to be refunded under the Insurance (Motor Vehicle) Act, in a circumstance described in subsection (1),

  Section 20 (1) BEFORE amended and BEFORE paragraphs (d), (e), (f) and (g) were added by 2020-11-4, effective August 14, 2020 (Royal Assent).

(1) If a motor vehicle or trailer registered or licensed under this Act is

(a) permanently removed from British Columbia,

(b) burned or damaged so that it cannot be again repaired or used as a motor vehicle or trailer, or

(c) temporarily removed from use, and

the owner or licensee applies for a refund of insurance premium or licence fee, the owner or licensee of the motor vehicle or trailer must sign and transmit to the Insurance Corporation of British Columbia a notice in the form required by the corporation and must surrender the licence and licence plates for the motor vehicle or trailer.

  Section 21 (2) (b) BEFORE amended by 2003-7-41(a), effective March 12, 2003 (Royal Assent).

(b) by a person for the period that the person is registered as a student at and attends any of the following educational institutions:

  Section 21 (2) (b) (viii) BEFORE amended by 2003-7-41(b), effective March 12, 2003 (Royal Assent).

(viii)  any other educational institution authorized under an Act to grant degrees,

  Section 21 (2) (b) (v) BEFORE amended by 2002-35-9, effective March 31, 2003 [on repeal of 1997-54-3 and 4 (BC Reg 152/2003)].

(v)  the Technical University of British Columbia;

  Section 21 (2) (b) (iii) BEFORE repealed by 2004-33-21, effective June 11, 2004 (BC Reg 252/2004).

(iii)  the British Columbia Institute of Technology;

  Section 21 (2) (b) (v.1) was added by 2005-17-19, effective March 31, 2005 (BC Reg 201/2005).

  Section 21 (1) (c) BEFORE amended by 2008-42-72, effective May 29, 2008 (Royal Assent).

(c) that has displayed on it the registration number plates of that jurisdiction for the current year

  Section 21 (2) (b) (vii) BEFORE repealed by 2003-48-20, effective November 23, 2012 (BC Reg 327/2012).

(vii)  the Open Learning Agency;

  Section 21 (1) sandwich text BEFORE amended by 2023-10-608(a), effective March 30, 2023 (Royal Assent).

from the date he or she began to operate the motor vehicle or trailer on a highway in British Columbia.

  Section 21 (7) (b) BEFORE amended by 2023-10-608(b), effective March 30, 2023 (Royal Assent).

(b) makes a false statement in a notice given by him or her for the purposes of this section,

  Section 21 (2) (part) BEFORE amended by 2023-35-14(a), effective January 6, 2025 (BC Reg 115/2024).

(2) If a motor vehicle or trailer is owned by a person resident outside British Columbia who has complied with the laws of his or her place of residence with respect to the registration and licensing of the motor vehicle or trailer and the motor vehicle or trailer has displayed on it the registration number plates for the current year assigned under those laws for that motor vehicle or trailer and is brought into British Columbia

  Section 21 (2) sandwich text BEFORE amended by 2023-35-14(b), effective January 6, 2025 (BC Reg 115/2024).

  Section 21 (2.1) was added by 2023-35-14(c), effective January 6, 2025 (BC Reg 115/2024).

  Section 21 (3) BEFORE amended by 2023-35-14(d), effective January 6, 2025 (BC Reg 115/2024).

(3) The Lieutenant Governor in Council may order that the owner of a motor vehicle or trailer who gives proof of financial responsibility to the Insurance Corporation of British Columbia under sections 106 to 113 is, for a period the Lieutenant Governor in Council specifies, and subject to conditions set out in the order, exempt from the requirements to register or license the motor vehicle or trailer under this Act.

  Section 21 (5) BEFORE amended by 2023-35-14(e), effective January 6, 2025 (BC Reg 115/2024).

(5) The motor vehicle or trailer, with the sticker conspicuously displayed on the lower part of its windshield in the case of a motor vehicle other than a motorcycle, while being used by the owner within British Columbia for the purpose mentioned in subsection (2) during the period named in the certificate is deemed sufficiently registered and licensed for the purposes of this Act.

  Section 22 (1) (a) and (b) BEFORE amended by 2023-35-15(a) and (b), effective January 6, 2025 (BC Reg 115/2024).

(a) exempting any class of owners of motor vehicles who are ordinarily resident in that other province, state or territory from the provisions of this Act relating to

(i) registration and licensing of motor vehicles, and

(ii) carrying and displaying on motor vehicles licences and number plates issued by the Insurance Corporation of British Columbia, and

(b) providing for the granting by that other province, state or territory of similar exemptions and privileges to owners of motor vehicles who are ordinarily resident in British Columbia.

  Section 22 (2) (a) BEFORE amended by 2023-35-15(c), effective January 6, 2025 (BC Reg 115/2024).

(a) the condition that no person is entitled to an exemption or privilege under it for a motor vehicle in British Columbia unless the owner of the motor vehicle

(i) has complied with the law of his or her place of residence relating to the registration and licensing of motor vehicles, and

(ii) carries or causes to be carried on the motor vehicle the certificate or licence and the number plates prescribed by the law of that place,

  Section 23 (2.1) was added by 2012-11-30, effective December 23, 2012 (BC Reg 338/2012).

  Section 23 (1) (part) BEFORE amended by 2020-9-2(a), effective August 14, 2020 (Royal Assent).

(1) The Lieutenant Governor in Council may prescribe classes of drivers' licences, including classes of drivers' licences for persons who are learning to drive one or more categories of motor vehicles, and may designate any of the following for each class:

  Section 23 (1) (a.1) was added by 2020-9-2(b), effective August 14, 2020 (Royal Assent).

  Section 23 (2.2) was added by 2020-9-2(c), effective August 14, 2020 (Royal Assent).

  Section 24 (7) (a) BEFORE amended by 2007-14-213,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) the Insurance Corporation of British Columbia has required proof of financial responsibility under this Act or regulations and the owner or driver has not given proof satisfactory to the corporation, or

  Section 24 (7) (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(b) the licence of the owner or driver has been suspended under this Act or the regulations.

  Section 24 (1) BEFORE amended by 2023-10-609(a), effective March 30, 2023 (Royal Assent).

(1) Except when accompanied by a person authorized by the Insurance Corporation of British Columbia to examine persons as to their ability to drive and operate motor vehicles, a person must not drive or operate a motor vehicle on a highway unless, in addition to any licence or permit which he or she is otherwise required to hold under this Act, the person holds a subsisting driver's licence issued to him or her under this Act of a class appropriate to the category of motor vehicle driven or operated by him or her.

  Section 24 (6) (a) (ii) and (iii) BEFORE amended by 2023-10-609(b), effective March 30, 2023 (Royal Assent).

(ii) a financial responsibility card purporting to show that he or she is at that time maintaining in effect proof of financial responsibility as required by this Act when that is not the case;

(iii) a motor vehicle liability insurance card or a financial responsibility card issued in respect of insurance that does not apply to the motor vehicle he or she is driving or operating;

  Section 24.1 was enacted by 2020-9-3, effective January 1, 2022 (BC Reg 304/2021).

  Section 25 (1) and (7) BEFORE amended by 2003-94-74 (as amended by 2006-28-63), effective June 1, 2007 (BC Reg 166/2006).

(1)  The applicant for a driver's licence and for a driver's certificate must sign an application in the form required by the Insurance Corporation of British Columbia, complete an evaluation in the form required by the superintendent and deliver the application and the completed evaluation form to

(a) the corporation,

(b) a government agent, or

(c) a person authorized in writing by the corporation for the purposes of this section,

accompanied by the payment of the prescribed fee and insurance premium for the driver's certificate.

(7)  On receipt, in the respective forms required under subsection (1), of the application and the evaluation, and on being satisfied of the truth of the facts stated in the application, and that the prescribed fees and insurance premium have been paid, and, subject to subsection (9), on being satisfied as to the driving experience, driving skills, qualifications, fitness and ability of the applicant to drive and operate motor vehicles of the relevant category, the corporation must cause to be issued to the applicant a numbered driver's licence in the form established by the corporation authorizing the applicant to drive or operate a motor vehicle of the category designated for the class of licence applied for and a certificate of insurance.

  Section 25 (1.2) was added by 2008-42-73(b), effective May 1, 2009 (BC Reg 147/2009).

  Section 25 (7) BEFORE amended by 2008-42-73(c), effective May 1, 2009 (BC Reg 147/2009).

(7)  On receipt, in the respective forms required under subsection (1), of the application and the evaluation, and on being satisfied of the truth of the facts stated in the application, and that the prescribed fees and premium for the driver's certificate have been paid, and, subject to subsection (9), on being satisfied as to the driving experience, driving skills, qualifications, fitness and ability of the applicant to drive and operate motor vehicles of the relevant category, the corporation must cause to be issued to the applicant a numbered driver's licence in the form established by the corporation authorizing the applicant to drive or operate a motor vehicle of the category designated for the class of licence applied for and a driver's certificate.

  Section 25 (14.1) was added by 2008-42-73(d), effective May 1, 2009 (BC Reg 147/2009).

  Section 25 (10.11) was added by 2009-23-1(a), effective January 1, 2010 (BC Reg 308/2009).

  Section 25 (10.2) BEFORE amended by 2009-23-1(b), effective January 1, 2010 (BC Reg 308/2009).

(10.2)  The condition imposed by a regulation under subsection (10.1) is applicable to and conclusively deemed to be part of the driver's licence of the person on whom the condition is imposed, whether the licence is issued before or after the coming into force of the regulation.

  Section 25 (10.11) (a) BEFORE amended by BC Reg 357/2010 under RS1996-440-12, effective December 6, 2010 (BC Reg 357/2010).

(a) impose a restriction or condition on a class of driver's licence, or on the driver's licences of persons who hold a licence to drive a motor vehicle of a specified category, that the holder of the licence must not use an electronic device within the meaning of Part 3.1 while driving or operating a motor vehicle on a highway, and

  Section 25 (4) BEFORE amended by 2011-13-132(a), effective June 2, 2011 (Royal Assent).

(4)  If the applicant for a driver's licence has at any time before making the application held a driver's licence issued under this Act or in another jurisdiction, the applicant must with the application surrender the last driver's licence or duplicate of it held by him or her, unless the Insurance Corporation of British Columbia on cause shown to the corporation's satisfaction dispenses with its production.

  Section 25 (10.2) BEFORE repealed by 2011-13-132(b), effective June 2, 2011 (Royal Assent).

(10.2)  A restriction or condition imposed by a regulation under subsection (10.1) or (10.11) is applicable to and conclusively deemed to be part of the driver's licence of the person on whom the restriction or condition is imposed, whether the licence is issued before or after the coming into force of the regulation.

  Section 25 (10.4) was added by 2011-13-132(c), effective June 2, 2011 (Royal Assent).

  Section 25 (11) BEFORE amended by 2011-13-132(d), effective June 2, 2011 (Royal Assent).

(11)  Requirements, conditions or restrictions that the Lieutenant Governor in Council prescribes under subsection (8) or (10) for a driver's licence are applicable to and are conclusively deemed to be part of the driver's licence, whether issued before or after the coming into force of the regulation prescribing the requirements, conditions or restrictions.

  Section 25 (13) BEFORE amended by 2011-13-132(e), effective June 2, 2011 (Royal Assent).

(13)  The Insurance Corporation of British Columbia must ensure that a person's driver's licence reflects any restrictions and conditions imposed in respect of that licence by means of the appropriate statement in, endorsement on or attachment to that licence, in accordance with the requirements of the superintendent.

  Section 25 (1.3), (9.1) and (14.1) (e) and (f) were added by 2011-13-120, effective February 10, 2013 (BC Reg 223/2012 as amended by BC Reg 342/2012).

  Section 25 (7) BEFORE amended by 2011-13-120(b), effective February 10, 2013 (BC Reg 223/2012 as amended by BC Reg 342/2012).

(7)  On receipt, in the respective forms required under subsection (1) or (1.2), of the application and the evaluation, and on being satisfied of the completeness of the application and the truth of the facts stated in the application, and that the prescribed fees and premium for the driver's certificate have been paid, and, subject to subsection (9), on being satisfied as to the driving experience, driving skills, qualifications, fitness and ability of the applicant to drive and operate motor vehicles of the relevant category, the corporation must cause to be issued to the applicant a numbered driver's licence in the form established by the corporation authorizing the applicant to drive or operate a motor vehicle of the category designated for the class of licence applied for and a driver's certificate.

  Section 25 (14.1) (a), (b), and (d) BEFORE amended by 2011-13-120(d) and (e), effective February 10, 2013 (BC Reg 223/2012 as amended by BC Reg 342/2012).

(a) setting out additional requirements that must be met by an applicant for a driver's licence that indicates the driver is a Canadian citizen;

(b) setting out requirements that must be met or continue to be met by a person who holds a driver's licence that indicates the driver is a Canadian citizen;

(d) specifying that section 25 (1.2) does not apply to a class of driver's licence.

  Section 25 (1.3) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).

(1.3) An applicant for a driver's licence referred to in subsection (1), other than an applicant within a prescribed category, who wishes the driver's licence to indicate that the applicant is a beneficiary under the Medicare Protection Act must, for the purposes of subsection (1) and in addition to the other requirements in this section,

(a) provide proof of enrollment as a beneficiary under the Medicare Protection Act,

(b) sign an application in the form required by the Insurance Corporation of British Columbia,

(c) pay

(i) the fee prescribed under this Act, and

(ii) any fee prescribed under section 51 (2) (n) of the Medicare Protection Act that applies to an application to renew enrollment as a beneficiary under that Act, and

(d) meet the requirements set out in the regulations.

  Section 25 (10.101) was added by 2018-18-2(a), effective October 17, 2018 (BC Reg 205/2018).

  Section 25 (10.11) (part) BEFORE amended by 2018-18-2(b), effective October 17, 2018 (BC Reg 205/2018).

(10.11) Without limiting subsection (10) or (10.1), the Lieutenant Governor in Council may, by regulation,

  Section 25 (11) (part) BEFORE amended by 2018-18-2(c), effective October 17, 2018 (BC Reg 205/2018).

(11) A regulation made under subsection (8), (10), (10.1) or (10.11) may specify that a requirement, restriction or condition is applicable to and conclusively deemed to be part of

  Section 25 (1.1) (a) BEFORE amended by 2020-9-4(a), effective January 1, 2022 (BC Reg 304/2021).

(a) a residential address;

  Section 25 (7) BEFORE amended by 2020-9-4(b), effective January 1, 2022 (BC Reg 304/2021).

(7) On receipt, in the respective forms required under subsection (1), (1.2) or (1.3), of the application and the evaluation, and on being satisfied of the completeness of the application and the truth of the facts stated in the application, and that the prescribed fees and premium for the driver's certificate have been paid, and, subject to subsections (9) and (9.1), on being satisfied as to the driving experience, driving skills, qualifications, fitness and ability of the applicant to drive and operate motor vehicles of the relevant category, the corporation must cause to be issued to the applicant a numbered driver's licence in the form established by the corporation authorizing the applicant to drive or operate a motor vehicle of the category designated for the class of licence applied for and a driver's certificate.

  Section 25 (3) to (6), (10.1) and (10.101) BEFORE amended by 2023-10-610, effective March 30, 2023 (Royal Assent).

(3) For the purpose of determining an applicant's driving experience, driving skills, qualifications, fitness and ability to drive and operate any category of motor vehicle designated for that class of driver's licence for which the application is made, the applicant must

(a) submit to one or more, as the Insurance Corporation of British Columbia may specify, of the following: a knowledge test; a road test; a road signs and signals test,

(b) submit to one or more, as the superintendent may specify, of the following: a vision test; medical examinations; other examinations or tests, other than as set out in paragraph (a),

(b.1) provide the corporation with information required to measure the applicant's driving experience, driving skills and qualifications,

(c) provide the superintendent with other information he or she considers necessary to allow the superintendent to carry out his or her powers, duties and functions,

(d) submit to having his or her picture taken, and

(e) if required by or on behalf of the corporation, identify himself or herself to the corporation's satisfaction.

(4) If the applicant for a driver's licence has at any time before making the application held a driver's licence issued under this Act or in another jurisdiction, the applicant must, at the time that he or she is issued a driver's licence under this Act, surrender the last driver's licence or duplicate of it held by him or her, unless the Insurance Corporation of British Columbia on cause shown to the corporation's satisfaction dispenses with its production.

(5) At the same time that he or she has a driver's licence issued under this Act, a person must not have a driver's licence issued by another jurisdiction or have another driver's licence previously issued under this Act.

(6) An applicant for a driver's licence who when requested to do so fails to demonstrate his or her ability to read and understand warning and other road signs and signals in use on a highway to the satisfaction of the Insurance Corporation of British Columbia must not be granted a licence under this Act.

(10.1) Without limiting subsection (10), the Lieutenant Governor in Council may, by regulation, impose a condition on a class of driver's licence, or on the drivers' licences of persons who hold a licence to drive a motor vehicle of a specified category, that the holder of the licence must not operate a motor vehicle, or category of motor vehicle, while having alcohol in his or her body.

(10.101) Without limiting subsection (10) or (10.1), the Lieutenant Governor in Council may, by regulation, impose a condition on a class of driver's licence, or on the drivers' licences of persons who hold a licence to drive a motor vehicle of a specified category, that the holder of the licence must not operate a motor vehicle, or category of motor vehicle, while having a prescribed drug in his or her body.

  Section 25.01 was enacted by 2009-10-3, effective May 1, 2009.

  Section 25.01 (1) (a) and (b) BEFORE amended by 2023-10-611, effective March 30, 2023 (Royal Assent).

(a) presented to him or her as part of an application for a driver's licence or an identification card, or

(b) presented to him or her for the purpose of maintaining a record relating to a driver's licence or an identification card.

  Section 25.1 was enacted by 2004-68-2, effective June 15, 2005 (BC Reg 174/2005).

  Section 25.1 (6) BEFORE amended by 2015-13-2, effective May 14, 2015 (Royal Assent).

(6) A person who is required to attend or participate in and complete a program referred to in subsection (1) must pay the prescribed fees.

  Section 25.1 (2) and (6) BEFORE amended and (4) and (7) BEFORE repealed by 2015-13-1, effective February 3, 2016 (BC Reg 12/2016).

(2) The superintendent may require a statement in, endorsement on or attachment to the person's driver's licence, adding as a condition of the driver's licence that the person must, in order to continue to hold the licence, attend or participate in and complete, to the satisfaction of the superintendent, a course or program referred to in subsection (1) if it is not, in the superintendent's opinion, contrary to the public interest to allow the person to hold a driver's licence while attending or participating in the course or program.

(4) Section 25 (13) applies to a condition imposed in respect of a person's driver's licence under this section.

(6) A person who is required to attend or participate in a program referred to in subsection (1) must pay

(a) to the government the prescribed fees, and

(b) to the provider of the program any charges provided for in the contract between the government and the provider.

(7) Nothing in this section limits the application of sections 25 (12), 29, 92 and 93.

  Section 25.2 was enacted by 2015-13-3, effective February 3, 2016 (BC Reg 12/2016).

  Section 25.3 was enacted by 2015-13-3, effective February 3, 2016 (BC Reg 12/2016).

  Section 26 (1) (e) was added by 2002-65-41(a), effective July 25, 2003 (BC Reg 309/2003).

  Section 26 (2) (c) was added by 2002-65-41(b), effective July 25, 2003 (BC Reg 309/2003).

  Section 26 (1) (d) BEFORE amended by 2003-85-65, effective April 1, 2004 (BC Reg 139/2004).

(d) is prohibited from driving a motor vehicle under this Act, the Young Offenders (British Columbia) Act, the Young Offenders Act (Canada) or the Criminal Code, or

  Section 26 (1) (c) (vi) BEFORE amended by 2004-39-77, effective June 28, 2004 (BC Reg 265/2004).

(vi)  the Motor Carrier Act,

  Section 26 (1) (d) (iii) BEFORE amended by 2004-72-15(a), effective November 19, 2004 (BC Reg 508/2004).

(iii)  before the date on which the Youth Justice Act comes into force, under the Young Offenders (British Columbia) Act, as it then was

  Section 26 (1) (f) was added by 2004-72-15(b), effective November 19, 2004 (BC Reg 508/2004).

  Section 26 (2) (d) was added by 2004-72-15(c), effective November 19, 2004 (BC Reg 508/2004).

  Section 26 (1) (c) (v) BEFORE amended by 2004-44-138, effective December 31, 2004 (BC Reg 547/2004).

(v)  the Highway Act,

  Section 26 (1) (c) (v.1) was added by 2004-68-3, effective April 1, 2005 (BC Reg 173/2005).

  Section 26 (1) (d) (iii) BEFORE amended by 2004-68-4, effective April 1, 2005 (BC Reg 173/2005).

(iii)  before the date on which the Youth Justice Act comes into force, under the Young Offenders (British Columbia) Act, as it then was,

  Section 26 (2) (a) (ii) BEFORE amended by 2003-94-75, effective June 1, 2007 (BC Reg 166/2006).

(ii)  obtained automobile insurance, as defined in the Insurance Act, or a motor vehicle liability policy for a motor vehicle or trailer owned by the person,

  Section 26 (1) (f) BEFORE amended by 2007-41-82, effective November 30, 2007 (BC Reg 399/2007).

(f) is indebted to the authority, a subsidiary or a billing organization for an excessive toll debt, as those terms are defined in the Greater Vancouver Transportation Authority Act.

  Section 26 (2) (d) BEFORE amended by 2007-41-82, effective November 30, 2007 (BC Reg 399/2007).

(d) is indebted to the authority, a subsidiary or a billing organization for an excessive toll debt, as those terms are defined in the Greater Vancouver Transportation Authority Act.

  Section 26 (1) (c) (viii) BEFORE repealed by 2007-14-155, effective December 1, 2007 (BC Reg 354/2007).

(viii)  the regulations made under an Act referred to in subparagraphs (ii) to (vii),

  Section 26 (1) (e) and (f) BEFORE amended by 2007-14-47(a) and (b), effective March 6, 2009 (BC Reg 62/2009).

(e) is indebted to a concessionaire or the billing organization for an excessive toll debt, as those terms are defined in the Transportation Investment Act, or

(f) is indebted to the authority, a subsidiary or a billing organization for an excessive toll debt, as those terms are defined in the South Coast British Columbia Transportation Authority Act.

  Section 26 (g) was added by 2007-14-47(c), effective March 6, 2009 (BC Reg 62/2009) [as amended by 2008-42-1, effective May 29, 2008 (Royal Assent)].

  Section 26 (1) (h) and (i) were added by 2010-14-2(a), effective September 20, 2010 (BC Reg 238/2010).

  Section 26 (2) (e) was added by 2010-14-2(b), effective September 20, 2010 (BC Reg 238/2010).

  Section 26 (3)(everything after paragraph (b)) BEFORE amended by 2010-14-2(c), effective September 20, 2010 (BC Reg 238/2010).

who is indebted to the government because of his or her failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

(c) a motor vehicle related Criminal Code offence, or

(d) an enactment referred to in subsection (1) (c) (ii) to (viii).

  Section 26 (1), (2) and (3) BEFORE amended by 2012-33-18, effective September 4, 2012 (BC Reg 189/2012).

(1)  The Insurance Corporation of British Columbia may, without a hearing, refuse to issue a driver's licence to a person who

(a) [Repealed 1997-43-6.]

(b) is indebted to the Insurance Corporation of British Columbia for any motor vehicle indebtedness,

(c) is indebted to the government because of his or her failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

(i)  a motor vehicle related Criminal Code offence,

(ii)  the Motor Vehicle Act,

(iii)  the Commercial Transport Act,

(iv)  the Motor Fuel Tax Act,

(v)  the Highway Act or the Transportation Act,

(v.1)  the Liquor Control and Licensing Act, whether the indebtedness arose before or after this subparagraph comes into force,

(vi)  the Motor Carrier Act or the Passenger Transportation Act, or

(vii)  the Motor Vehicle (All Terrain) Act,

(viii)  [Repealed 2007-14-155.]

(d) is prohibited from driving a motor vehicle

(i)  under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii)  before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii)  before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was,

(e) is indebted to a concessionaire or the billing organization for an excessive toll debt, as those terms are defined in the Transportation Investment Act,

(f) is indebted to the authority, a subsidiary or a billing organization for an excessive toll debt, as those terms are defined in the South Coast British Columbia Transportation Authority Act,

(g) is refused a driver's licence in another province for failure to pay maintenance, support or alimony in that province,

(h) is indebted to the government because of his or her failure to pay a monetary penalty imposed on the person under section 215.44 of this Act, or

(i) was the owner of a motor vehicle at the time it was impounded under section 215.46 or 251 (1) of this Act, if the superintendent, under section 255 (11) of this Act, directs the Insurance Corporation of British Columbia to refuse the issuance.

(2)  The Insurance Corporation of British Columbia may refuse to issue a licence and corresponding number plates for a motor vehicle or trailer or both owned by a person and any permit to a person who

(a) has not, in the current or a preceding year

(i)  [Repealed 1997-43-6.]

(ii)  obtained a motor vehicle liability policy for a motor vehicle or trailer owned by the person,

(iii)  [Repealed 1997-43-6.]

(b) is indebted to the Insurance Corporation of British Columbia for any motor vehicle indebtedness,

(c) is indebted to a concessionaire or the billing organization for an excessive toll debt, as those terms are defined in the Transportation Investment Act,

(d) is indebted to the authority, a subsidiary or a billing organization for an excessive toll debt, as those terms are defined in the South Coast British Columbia Transportation Authority Act, or

(e) was the owner of a motor vehicle at the time it was impounded under section 215.46 or 251 (1) of this Act, if the superintendent, under section 255 (11) (b), directs the Insurance Corporation of British Columbia to refuse the issuance.

(3)  The Insurance Corporation of British Columbia may refuse to issue

(a) any permit to a person, and

(b) a licence and corresponding number plates for a motor vehicle or trailer or both owned by a person

who is indebted to the government because of his or her failure to pay

(c) a monetary penalty imposed under section 215.44 of this Act, or

(d) a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

(i)  a motor vehicle related Criminal Code offence, or

(ii)  an enactment referred to in subsection (1) (c) (ii) to (vii) of this section.

  Section 26 (1) (c) (ix) and (x) BEFORE amended and paragraph (xi) was added by 2014-5-51, effective November 17, 2014 (BC Reg 200/2014).

(ix) the South Coast British Columbia Transportation Authority Act, whether the indebtedness arose before or after this subparagraph comes into force, or

(x) the British Columbia Transit Act, whether the indebtedness arose before or after this subparagraph comes into force,

  Section 26 (1) (c) (vii) BEFORE repealed by 2014-5-50, effective November 1, 2015 (BC Reg 193/2015).

(vii) the Motor Vehicle (All Terrain) Act,

  Section 26 (1) (c) (part) BEFORE amended by 2021-17-10(a), effective July 1, 2021.

(c) is indebted to the government because of his or her failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under

  Section 26 (1) (c) (v) and (vi) BEFORE amended by 2021-17-10(b), effective July 1, 2021.

(v) the Highway Act or the Transportation Act,

(vi) the Motor Carrier Act or the Passenger Transportation Act,

  Section 26 (1) (c) (x) BEFORE amended by 2021-17-10(c), effective July 1, 2021.

(x) the British Columbia Transit Act, whether the indebtedness arose before or after this subparagraph comes into force, or

  Section 26 (1) (c) (xii) and (xiii) were added by 2021-17-10(d), effective July 1, 2021.

  Section 26 (1) (h) BEFORE amended by 2021-17-11, effective July 1, 2021.

(h) is indebted to the government because of his or her failure to pay a monetary penalty imposed on the person under section 215.44 of this Act, or

  Section 26 (3) sandwich text BEFORE amended by 2021-17-12(a), effective July 1, 2021.

who is indebted to the government because of his or her failure to pay

  Section 26 (3) (d) (ii) BEFORE amended by 2021-17-12(b), effective July 1, 2021.

(ii) an enactment referred to in subsection (1) (c) (ii) to (x) of this section, or

  Section 26 (1) (c) (xiv) was added by 2023-37-201(b), effective November 8, 2023 (Royal Assent).

  Section 26 (1) (i) BEFORE amended by 2023-35-16(a), effective January 6, 2025 (BC Reg 115/2024).

(i) was the owner of a motor vehicle at the time it was impounded under section 215.46 or 251 (1) of this Act, if the superintendent, under section 255 (11) of this Act, directs the Insurance Corporation of British Columbia to refuse the issuance.

  Section 26 (2) (part) BEFORE amended by 2023-35-16(b), effective January 6, 2025 (BC Reg 115/2024).

(2) The Insurance Corporation of British Columbia may refuse to issue a licence and corresponding number plates for a motor vehicle or trailer or both owned by a person and any permit to a person who

  Section 26 (2) (a) (ii) BEFORE amended by 2023-35-16(c), effective January 6, 2025 (BC Reg 115/2024).

(ii) obtained a motor vehicle liability policy for a motor vehicle or trailer owned by the person,

  Section 26 (2) (e) BEFORE amended by 2023-35-16(d), effective January 6, 2025 (BC Reg 115/2024).

(e) was the owner of a motor vehicle at the time it was impounded under section 215.46 or 251 (1) of this Act, if the superintendent, under section 255 (11) (b), directs the Insurance Corporation of British Columbia to refuse the issuance.

  Section 26 (3) (b) BEFORE amended by 2023-35-16(e), effective January 6, 2025 (BC Reg 115/2024).

(b) a licence and corresponding number plates for a motor vehicle or trailer or both owned by a person

  Section 26.1 (2.1) was added by 2008-42-75, effective May 1, 2009 (BC Reg 147/2009).

  Section 26.1 (1) BEFORE amended by 2009-10-4(a), effective May 1, 2009.

(1)  Subject to subsection (2) but despite any other provision of this Act or the regulations, if a person is indebted to the Insurance Corporation of British Columbia for a motor vehicle indebtedness or to the government for a fine indebtedness, the corporation may, with or without a hearing or refunding the fees for the licence, cancel the driver's licence of the debtor.

  Section 26.1 (2) (part) BEFORE amended by 2009-10-4(b), effective May 1, 2009.

(2)  The Insurance Corporation of British Columbia must not exercise a right referred to in subsection (1) unless

  Section 26.1 (1) (a) BEFORE amended by 2010-14-3, effective September 20, 2010 (BC Reg 238/2010).

(a) is indebted to the Insurance Corporation of British Columbia for a motor vehicle indebtedness or to the government for a fine indebtedness, or

  Section 26.1 (2.2) was added by 2020-9-5, effective August 14, 2020 (Royal Assent).

  Section 26.1 (2.3) was added by 2020-9-6, effective January 1, 2022 (BC Reg 304/2021).

  Section 26.1 (2.1) (part) BEFORE amended by 2023-10-612(a), effective March 30, 2023 (Royal Assent).

(2.1) Despite any other provision of this Act or the regulations, the Insurance Corporation of British Columbia may, with or without a hearing or refunding the fees for the licence, cancel the driver's licence of a person who holds a driver's licence that indicates he or she is a Canadian citizen

  Section 26.1 (3) (part) BEFORE amended by 2023-10-612(b), effective March 30, 2023 (Royal Assent).

(3) If a person is notified that his or her driver's licence has been cancelled under this section, the person must,

  Section 26.1 (2.2) (part) and (2.3) (part) BEFORE amended by 2024-10-62, effective April 25, 2024 (Royal Assent).

(2.2) The Insurance Corporation of British Columbia may, with notice, cancel a driver's licence if either of the following applies:

(2.3) The Insurance Corporation of British Columbia may, with notice, cancel a driver's licence if either of the following applies:

  Section 29 (b) BEFORE amended by 2023-10-613, effective March 30, 2023 (Royal Assent).

(b) to be otherwise examined as to the person's fitness and ability to drive and operate motor vehicles of the category for which he or she is licensed.

  Section 30 BEFORE re-enacted by 2003-85-66, effective April 1, 2004 (BC Reg 139/2004).

  Section 30 (b) (iii) BEFORE amended by 2004-68-4, effective April 1, 2005 (BC Reg 173/2005).

(iii)  before the date on which the Youth Justice Act comes into force, under the Young Offenders (British Columbia) Act, as it then was.

  Section 31 (2) BEFORE amended by 2008-15-20, effective May 1, 2008 (Royal Assent).

(2)  In case of a change of name, by marriage or otherwise, of the holder of a driver's licence issued under this Act, the person must within 10 days notify the Insurance Corporation of British Columbia in writing stating the number of the driver's licence and the former name and the new name in full.

  Section 31 (1) BEFORE amended by 2008-42-76, effective May 1, 2009 (BC Reg 147/2009).

(1)  If the residential address of the holder of a driver's licence issued under this Act is changed from the address stated on the driver's licence, he or she must within 10 days notify the Insurance Corporation of British Columbia stating the number of his or her driver's licence and his or her old and new address.

  Section 31 (1.1), (1.2) and (3.1) were added by 2009-10-5(a), effective May 1, 2009.

  Section 31 (4) BEFORE amended by 2009-10-5(b), effective May 1, 2009.

(4)  If a person complies with subsection (3), the Insurance Corporation of British Columbia must issue a duplicate licence in the new name.

  Section 31 (1) BEFORE amended by 2020-9-7, effective January 1, 2022 (BC Reg 304/2021).

(1) If the residential address of the holder of a driver's licence issued under this Act is changed from the address stated on the driver's licence, he or she must, within 10 days of the change of residential address,

(a) notify the Insurance Corporation of British Columbia of the change stating the number of his or her driver's licence and his or her former and new addresses, and

(b) provide proof satisfactory to the corporation of his or her identity.

  Section 31 (1.1) (a) BEFORE amended by 2023-10-614, effective March 30, 2023 (Royal Assent).

(a) surrender his or her existing licence to the Insurance Corporation of British Columbia and apply and pay the prescribed fee for a duplicate licence,

  Section 31 (3) (a) BEFORE amended by 2023-10-614, effective March 30, 2023 (Royal Assent).

(a) surrender his or her existing licence to the Insurance Corporation of British Columbia and apply and pay the prescribed fee for a duplicate licence in his or her new name,

  Section 32 BEFORE amended by 2012-11-31, effective December 23, 2012 (BC Reg 338/2012).

  Section 33 (2.1) was added by 2009-10-6, effective May 1, 2009.

  Section 33 BEFORE amended by 2023-10-615, effective March 30, 2023 (Royal Assent).

  Section 34 (1.1) (c) BEFORE amended by 2003-7-42, effective March 12, 2003 (Royal Assent).

(c) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where he or she is ordinarily resident, for the period that the person is registered as a student at and attends any of the following educational institutions:

(i)  a university, as defined in the University Act;

(ii)  an institution, as defined in the College and Institute Act;

(iii)  the British Columbia Institute of Technology;

(iv)  the University of Northern British Columbia;

(v)  the Technical University of British Columbia;

(vi)  Royal Roads University;

(vii)  the Open Learning Agency;

(viii)  any other educational institution authorized under an Act to grant degrees.

  Section 34 (1) (c) BEFORE amended by 2008-15-21, effective May 1, 2008 (Royal Assent).

(c) a motor vehicle operated under a permit issued under section 6 (7) of the Commercial Transport Act;

  Section 34 (1) (g) was added by 2010-14-4(a), effective July 30, 2010 (BC Reg 246/2010).

  Section 34 (1.1) (d) was added by 2010-14-4(b), effective July 30, 2010 (BC Reg 246/2010).

  Section 34 (1.1) (b) BEFORE amended by 2020-9-8, effective January 1, 2022 (BC Reg 304/2021).

(b) a person who has become ordinarily resident in British Columbia and who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws of the jurisdiction where he or she was most recently ordinarily resident, for 90 days after he or she became ordinarily resident in British Columbia;

  Section 34 (1.1), (1.2) and (2) BEFORE amended by 2023-10-616, effective March 30, 2023 (Royal Assent).

(1.1) Subject to subsection (1.2), the following persons are exempt, for the period specified, from the requirements respecting the holding of a driver's licence issued to him or her under this Act:

(a) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where he or she is ordinarily resident, for 6 months from the date he or she last entered British Columbia;

(b) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws of the jurisdiction where the person was most recently ordinarily resident, for 90 days after the person becomes a resident of British Columbia as defined in section 24.1 (1) (a);

(c) a person who has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where he or she is ordinarily resident, for the period that the person is registered as a full time student at and attends any of the educational institutions listed in section 21 (2) (b);

(i) to (viii) [Repealed 2003-7-42.]

(d) a person who

(i) has a validly issued and subsisting driver's or operator's licence or permit issued according to the laws where he or she is ordinarily resident,

(ii) has entered into an agreement under which the person will work in British Columbia, as part of a program or in the circumstances specified by regulation, for a period longer than 6 months but shorter than one year, and

(iii) is in a prescribed class of persons,

for the period during which the person works in British Columbia under the agreement.

(1.2) A person claiming an exemption under subsection (1.1) must carry a valid and subsisting driver's or operator's licence or permit on his or her person while operating a motor vehicle referred to in subsection (1) and must produce that driver's or operator's licence or permit to a peace officer on demand.

(2) A person exempt under subsection (1.1) is also exempt for the same period, while driving or operating in British Columbia a motor vehicle set out in subsection (1) (b), (c) or (d), from the requirements respecting the holding of a motor vehicle liability insurance card or a financial responsibility card, subject, in every case, to his or her giving the Insurance Corporation of British Columbia proof of financial responsibility under sections 106 to 113.

  Section 35 BEFORE repealed by 2007-28-29, effective February 14, 2008 (BC Reg 381/2007).

  Section 36 (2) BEFORE repealed by 2008-15-22, effective May 1, 2008 (Royal Assent).

(2)  A person under 19 years of age must not be employed, act or engage to act as a taxi driver.

  Section 36 (11) BEFORE amended by 2018-53-69(a), effective September 16, 2019 (BC Reg 160/2019).

(11) The council of a municipality may by bylaw provide for the regulation, in accordance with this section, of chauffeurs in the municipality and for the issue of permits to chauffeurs by the chief of police.

  Section 36 (12) was added by 2018-53-69(b), effective September 16, 2019 (BC Reg 160/2019).

  Section 36 (3), (5) and (10) BEFORE amended by 2023-10-617, effective March 30, 2023 (Royal Assent).

(3) A chauffeur, within a municipality that has passed a bylaw under subsection (11), must not drive, operate or be in charge of a motor vehicle carrying passengers for hire unless he or she holds a permit for that purpose issued to him or her by the chief of police of the municipality.

(5) If the police chief of the municipality, on proof to his or her satisfaction, believes that a person holding a permit under subsection (3), because of his or her use of or dealing in intoxicants or narcotic drugs or any other reason, is unfit to act as a chauffeur, the police chief may suspend or cancel the permit.

(10) A chauffeur who holds a permit granted or issued under this section must

(a) have it in his or her possession at all times while driving or operating a motor vehicle on a highway, and

(b) produce it for inspection at any time on the demand of a peace officer or constable.

  Section 37 (1) BEFORE amended by 2023-10-618, effective March 30, 2023 (Royal Assent).

(1) A person must not hire or engage another person to drive or operate a motor vehicle where this Act requires the driver to be licensed, unless the person hired or engaged holds a driver's licence under this Act of a class that entitles him or her to drive and operate that motor vehicle.

  Section 38 (2) (c) BEFORE amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

(c) accompanied by an application in the prescribed form for a motor vehicle liability policy under the Insurance (Motor Vehicle) Act in respect of each demonstration licence and number plate issued under this section,

  Section 38 (1) (b) (ii) BEFORE amended by 2023-10-619(a), effective March 30, 2023 (Royal Assent).

(ii) establishes to the Insurance Corporation of British Columbia's satisfaction that he or she requires a demonstration licence in connection with that business.

  Section 38 (3) and (5) BEFORE amended by 2023-10-619(b) and (c), effective March 30, 2023 (Royal Assent).

(3) On receiving the application in the form required by the Insurance Corporation of British Columbia, the corporation may issue the applicant a demonstration licence and distinctive demonstration number plate authorizing him or her to operate a vehicle for all purposes relating to the business to which the application pertains.

(5) For the purposes of subsections (3) and (4), "purposes relating to the business" includes personal use of a vehicle of the holder of the demonstration licence by him or her, his or her vehicle salespersons and members of his or her or their households, but does not include use of a vehicle for a commercial purpose not directly related to the sale of the vehicle.

  Section 40 (2) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

(2)  If a holder of a demonstration licence surrenders number plates under subsection (1), or for another reason, he or she is entitled to a refund of that part of the licence fee that is proportionate to that part of the term of the licence that is unexpired at the time of its surrender, and on the certificate of the Insurance Corporation of British Columbia showing the surrender, the Minister of Finance and Corporate Relations must, subject to subsection (3), make the refund out of revenue collected under this Act.

  Section 40 (3) (b) BEFORE amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

(b) the insurance premium to be refunded under the Insurance (Motor Vehicle) Act, in a circumstance described in subsection (2),

  Section 40 (1) and (2) BEFORE amended by 2023-10-620, effective March 30, 2023 (Royal Assent).

(1) A holder of a demonstration licence issued under section 38 who ceases to carry on the business in respect of which the demonstration licence was issued must immediately surrender the licence and corresponding number plates held by him or her to an office of the Insurance Corporation of British Columbia.

(2) If a holder of a demonstration licence surrenders number plates under subsection (1), or for another reason, he or she is entitled to a refund of that part of the licence fee that is proportionate to that part of the term of the licence that is unexpired at the time of its surrender, and on the certificate of the Insurance Corporation of British Columbia showing the surrender, the Minister of Finance must, subject to subsection (3), make the refund out of revenue collected under this Act.

  Section 41 (9) (part) and (11) BEFORE amended by 2023-10-621, effective March 30, 2023 (Royal Assent).

(9) A person driving a vehicle that displays a transporter number plate must carry on his or her person and produce on demand of a peace officer evidence that he or she

(11) A holder of a licence under this section who ceases to carry on the business of transporting vehicles must immediately transmit to the Insurance Corporation of British Columbia a notice in writing relinquishing his or her licence and all transporter number plates held by him or her.

  Section 42 (1) BEFORE amended by 2008-15-23(a), effective May 1, 2008 (Royal Assent).

(1)  Subject to this section, a licence known as a manufacturer's licence may be issued to a manufacturer of vehicles who does not sell the vehicles at retail.

  Section 42 (3) BEFORE amended by 2008-15-23(b), effective May 1, 2008 (Royal Assent).

(3)  On receiving the application form, the Insurance Corporation of British Columbia, if satisfied that the applicant is entitled to it, must issue the applicant a manufacturer's licence in the form established by the corporation, and a distinctive manufacturer's number plate corresponding to the licence, authorizing the manufacturer to operate on the highway vehicles manufactured by the manufacturer, for the purpose of a road test or for delivery to a purchaser.

  Section 42 (3.1) and (3.2) were added by 2008-15-23(c), effective May 1, 2008 (Royal Assent).

  Section 42 (5) BEFORE amended by 2008-15-23(d), effective May 1, 2008 (Royal Assent).

(5)  A manufacturer's number plate must be conspicuously displayed on every vehicle being operated for the purpose of a road test or delivery to a purchaser.

  Section 42 (6) (c) was added by 2008-15-23(e), effective May 1, 2008 (Royal Assent).

  Section 43 (1) sandwich text BEFORE amended by 2023-10-622, effective March 30, 2023 (Royal Assent).

any person who is the purchaser of the motor vehicle or an employee of the purchaser and who has in his or her possession a written consent given to him or her by the transporter or the manufacturer for the operation of the motor vehicle under this section may, for a period not exceeding 4 days from the time the written consent is given to him or her, drive and operate the motor vehicle having displayed on it the transporter's number plate or manufacturer's number plate, without being the holder of a transporter's or manufacturer's licence or being accompanied by a person holding those licences.

  Section 44 (2) BEFORE amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

(2)  The Insurance Corporation of British Columbia may, on receiving an application in the form the corporation requires, and payment of the prescribed fee, and payment of the insurance fee prescribed under the Insurance (Motor Vehicle) Act, issue to the owner of a repairer's garage a repairer's licence and the number of corresponding number plates that the owner applies for.

  Section 44 (3) BEFORE amended by 2023-10-623, effective March 30, 2023 (Royal Assent).

(3) A motor vehicle or trailer being driven, operated or towed on a highway by the owner of a repairer's garage, or his or her agent or employee, for the purpose of repairing, testing or rendering a service incidental to the repairing or testing, of the motor vehicle or trailer, and that has attached to it a number plate issued to the owner under subsection (2), is deemed to be sufficiently registered and licensed for the purposes of this Act and the Commercial Transport Act.

  Section 45 (1) and (3) BEFORE amended by 2023-10-624, effective March 30, 2023 (Royal Assent).

(1) A prospective purchaser of a motor vehicle, entrusted with a motor vehicle by a holder of a demonstration licence issued under section 38 for the sole purpose of demonstration, and in possession of a written consent given to him or her by the demonstration licence holder for the operation of the motor vehicle under this section, may, for a period not exceeding 48 hours from the time the written consent is given to him or her, and not occurring more than twice in any year, drive and operate the motor vehicle having displayed on it a demonstration licence plate issued to that demonstration licence holder.

(3) A person, who is the owner of a motor vehicle that has suffered damage through accident and is undergoing repair in the repair shop of a demonstration licence holder entrusted with a motor vehicle by the demonstration licence holder for the sole purpose of use until completion of the repairs, and in possession of a written consent given to him or her by the Insurance Corporation of British Columbia or an officer or constable of the Royal Canadian Mounted Police for the operation of the motor vehicle under this subsection, may drive and operate the motor vehicle having displayed on it a demonstration licence plate, issued to that demonstration licence holder, on a highway during the time the repairs are being made.

  Section 47 (4) (e) BEFORE amended by 2003-11-3, effective April 1, 2003 (BC Reg 139/2003).

(e) providing for issuance by the Insurance Corporation of British Columbia of certificates of approval for systems or devices proposed to be installed on or incorporated in motor vehicles to prevent or lessen emission into the outdoor atmosphere of air contaminant;

  Section 47 (2) BEFORE amended by 2003-53-164, effective July 8, 2004 (BC Reg 317/2004).

(2)  A person must not operate a motor vehicle of a class or type that, by regulations made under this Act or under the Waste Management Act, is required to have installed on or incorporated in it a system or device to prevent or lessen the emission into the outdoor atmosphere of an air contaminant, unless the motor vehicle has the system or device installed on or incorporated in it and makes effective use of the system or device.

  Section 47 (1) and (4) BEFORE repealed by RS1996 (Supp)-318-10, effective October 20, 2005 (BC Reg 309/2005).

(1)  A person must not sell, offer for sale, expose or display for sale or deliver to a purchaser a motor vehicle or a motor vehicle engine of a class or type required by the regulations to have installed on or incorporated in it a system or device to prevent or lessen the emission into the outdoor atmosphere of an air contaminant, unless the motor vehicle complies with the regulations.

(4)  The Lieutenant Governor in Council may make regulations as follows:

(a) classifying motor vehicles and motor vehicle engines for the purpose of a regulation and exempting a class or type of motor vehicle or motor vehicle engine from a regulation;

(b) requiring motor vehicles or a class or type of them and motor vehicle engines or a class or type of them to have installed on or incorporated in them one or more systems or devices to prevent or lessen the emission into the outdoor atmosphere of an air contaminant;

(c) prescribing the standards and specifications of the systems or devices, and providing for their testing and inspection;

(d) prescribing the standards of emission into the outdoor atmosphere of contaminants to which the system or device must comply;

(e) providing for issuance by the director of certificates of approval for systems or devices proposed to be installed on or incorporated in motor vehicles to prevent or lessen emission into the outdoor atmosphere of air contaminant;

(f) defining and designating new motor vehicles and motor vehicle engines for the purpose of a regulation;

(g) designating the areas in British Columbia to which the regulations apply and designating the date on which the regulations become effective in an area.

  Section 48 BEFORE repealed by 2015-13-4, effective March 1, 2017 (BC Reg 61/2017).

  Section 49 (1) (a.1) to (a.4) were added by 2006-28-70(a), effective January 1, 2007 (BC Reg 327/2006).

  Section 49 (2) BEFORE amended by 2006-28-70(b) and (c), effective January 1, 2007 (BC Reg 327/2006).

(2)  Regulations under subsection (1) may provide differently for different

(a) air contaminants,

(b) areas of British Columbia, and

(c) classes of motor vehicle as defined by type, model, size, model year, use or similar factor.

  Section 49 (3) was added by 2006-28-70(d), effective January 1, 2007 (BC Reg 327/2006).

  Section 49 (1) (a.4) BEFORE amended by 2007-41-83, effective November 30, 2007 (BC Reg 399/2007).

(a.4) permitting the Insurance Corporation of British Columbia or the Greater Vancouver Transportation Authority to establish guidelines for the purposes of the exercise of a discretion conferred by a regulation under paragraph (a.2) or (a.3);

  Section 49 BEFORE repealed by 2015-13-4, effective March 1, 2017 (BC Reg 61/2017).

  Section 50 (1.1) definitions of "AirCare repair centre" and "AirCare repair centre technician" were added by 2006-28-71(a), effective January 1, 2007 (BC Reg 327/2006).

  Section 50 (5) BEFORE amended by 2006-28-71(b), effective January 1, 2007 (BC Reg 327/2006).

(5)  For the purpose of this section and the regulations, the Insurance Corporation of British Columbia or the Greater Vancouver Transportation Authority may authorize persons to certify vehicles.

  Section 50 (5.1) was added by 2006-28-71(b), effective January 1, 2007 (BC Reg 327/2006).

  Section 50 (1), (1.2), (2) (d), (3), (5) (a) and (6) BEFORE amended by 2007-41-83, effective November 30, 2007 (BC Reg 399/2007).

(1)  The Insurance Corporation of British Columbia may, except in those areas where it is the responsibility of the Greater Vancouver Transportation Authority under subsection (1.2) to do so, establish a program for the certification of motor vehicle compliance with the levels established under subsection (2) (c).

(1.2)  The Greater Vancouver Transportation Authority is to establish, administer and operate, or cause to be operated, in the transportation service region a program for the certification of motor vehicle compliance with the levels established under subsection (2) (c) and may enter into and perform an agreement with the Insurance Corporation of British Columbia under which the Greater Vancouver Transportation Authority may do one or more of establish, administer and operate, or cause to be operated, a program under this subsection in any other area of British Columbia specified by regulation of the Lieutenant Governor in Council.

(3)  The Insurance Corporation of British Columbia or the Greater Vancouver Transportation Authority may, in respect of a motor vehicle that fails the prescribed test for motor vehicle compliance, certify the vehicle.

(6)  The Greater Vancouver Transportation Authority may assess and collect fees that are no greater than those fees that that authority estimates are necessary to generate an annual revenue that is sufficient to satisfy the full annual costs of the programs described in subsection (1.2).

  Section 50 (2) (d) BEFORE amended by 2007-41-83, effective November 30, 2007 (BC Reg 399/2007).

(d) prescribing circumstances in which the Insurance Corporation of British Columbia or the Greater Vancouver Transportation Authority may certify a motor vehicle under this section even though the motor vehicle does not fully comply with regulations under paragraph (a), (b) or (c) or under section 49.

  Section 50 (5) (a) BEFORE amended by 2007-41-83, effective November 30, 2007 (BC Reg 399/2007).

(a) the Insurance Corporation of British Columbia or the Greater Vancouver Transportation Authority may authorize a person to certify vehicles, and

  Section 50 (1.1) definition of "Greater Vancouver Transportation Authority" BEFORE repealed by 2007-41-84(a), effective November 30, 2007 (BC Reg 399/2007).

"Greater Vancouver Transportation Authority" means the authority established under the Greater Vancouver Transportation Authority Act;

  Section 50 (1.1) definition of "South Coast British Columbia Transportation Authority" was added by 2007-41-84(a), effective November 30, 2007 (BC Reg 399/2007).

  Section 50 (1.1) definition of "transportation service region" BEFORE amended by 2007-41-84(b), effective November 30, 2007 (BC Reg 399/2007).

"transportation service region" has the same meaning as in the Greater Vancouver Transportation Authority Act.

  Section 50 BEFORE repealed by 2015-13-4, effective March 1, 2017 (BC Reg 61/2017).

  Section 51 (2) BEFORE amended by 2020-11-5, effective August 14, 2020 (Royal Assent).

(2) The Insurance Corporation of British Columbia must issue a new decal to a licensee who

(a) furnishes satisfactory proof of loss of a decal issued to the licensee,

(b) applies in the form the corporation requires, and

(c) pays the prescribed fee.

  Section 52 (2) BEFORE amended by 2023-35-18, effective May 23, 2024 (BC Reg 114/2024).

(2) If the licence issued for a motor vehicle has been surrendered to the Insurance Corporation of British Columbia in accordance with section 14 or 15, the provisions of section 11 respecting the carrying of the licence do not apply until a new licence in substitution for it is returned to the registered owner of the motor vehicle concerned.

  Sections 53 to 55 BEFORE repealed by 2010-14-5, effective June 1, 2012 (BC Reg 97/2012)

  Section 56 (1) BEFORE amended by 2023-10-625, effective March 30, 2023 (Royal Assent).

(1) Except when a motor vehicle is let for hire to a corporation, a person carrying on the business of letting motor vehicles for hire without drivers must not let a motor vehicle for hire without first having ascertained by inspection of a licence or permit produced by the person to whom the motor vehicle is let that he or she holds a subsisting driver's licence under this Act for the operation of that motor vehicle, or holds a subsisting driver's or operator's licence or permit referred to in section 34 (1.1) and having the person sign his or her name to an entry in a record book to be kept by the person carrying on business, showing the name and address of the person to whom the motor vehicle is let, and the number of his or her licence or permit.

  Section 57 (2) BEFORE amended by 2023-10-626, effective March 30, 2023 (Royal Assent).

(2) A person who dismantles or breaks up a motor vehicle, or has a motor vehicle in his or her possession for the purpose of breaking it up or dismantling it, must immediately deliver to the Insurance Corporation of British Columbia the number plates of the motor vehicle.

  Section 60 (4) BEFORE amended by 2003-37-31, effective May 29, 2003 (Royal Assent).

(4)  Subject to subsections (5) and (6), and section 27, a driver's licence issued under this Act, other than a driver's licence issued under section 25 (8), must be for a period of 5 years from the anniversary of the birth of the applicant nearest to the date the licence is issued.

  Section 60 (9), (10) and (11) were added by 2003-37-31, effective May 29, 2003 (Royal Assent).

  Section 60 (1) (c) BEFORE amended by 2003-85-67, effective April 1, 2004 (BC Reg 139/2004).

(c) expires on an earlier date because the holder of a driver's licence is prohibited from driving a motor vehicle under this Act, the Young Offenders (British Columbia) Act or the Criminal Code.

  Section 60 (11) BEFORE amended by 2004-67-18, effective October 21, 2004 (Royal Assent).

(11)  Subsections (9) and (10) are repealed on December 31, 2004, or on an earlier date specified by regulation of the Lieutenant Governor in Council.

  Section 60 (1) (c) (iii) BEFORE amended by 2004-68-4, effective April 1, 2005 (BC Reg 173/2005).

(iii)  before the date on which the Youth Justice Act comes into force, under the Young Offenders (British Columbia) Act, as it then was.

  Section 60 (6) (a) BEFORE amended by 2004-68-5, effective April 1, 2005 (BC Reg 173/2005).

(a) the person is or was prohibited from driving a motor vehicle under this Act or the Young Offenders (British Columbia) Act or the Criminal Code or if the person's driver's licence is or was suspended or the person's right to apply for or obtain a driver's licence is or was suspended, or

  Section 60 (6) (a.1) and (a.2) were added by 2004-68-5, effective April 1, 2005 (BC Reg 173/2005).

  Section 60 (9) to (11) BEFORE repealed by RS1996-318-60(11), effective December 31, 2006.

Note: above was amended by 2004-67-18, effective October 21, 2004 (Royal Assent).

(9)  If the Lieutenant Governor in Council considers it necessary or advisable, the Lieutenant Governor in Council may make regulations

(a) extending the term of a driver's licence issued under this Act until the extension is cancelled by a regulation under paragraph (b),

(b) cancelling the extension of the term of a driver's licence made under paragraph (a) on a date specified in the regulation, and

(c) specifying when and how a person holding a driver's licence whose term is extended or whose extension is cancelled under this subsection must be notified of the extension or cancellation of the extension.

(10)  A regulation under subsection (9) may

(a) specify terms and conditions that the Lieutenant Governor in Council considers advisable, and

(b) be different for different persons or driver's licences or categories of persons or driver's licences.

(11)  Subsections (9) and (10) and this subsection are repealed on December 31, 2006, or on an earlier date specified by regulation of the Lieutenant Governor in Council.

  Section 60 (4) and (5) BEFORE amended by 2020-9-9(a) and (b), effective August 14, 2020 (Royal Assent).

(4) Subject to subsections (5) and (6), section 27 and any regulations under this section, a driver's licence issued under this Act, other than a driver's licence issued under section 25 (8), must be for a period of 5 years from the anniversary of the birth of the applicant nearest to the date the licence is issued.

(5) The Insurance Corporation of British Columbia may issue to a person a driver's licence with a term of more than one year and less than 5 years if the person has never before been issued a driver's licence under this Act other than a driver's licence issued under section 25 (8).

  Section 60 (5.1) was added by 2020-9-9(c), effective August 14, 2020 (Royal Assent).

  Section 61 (1) BEFORE amended by 2004-68-6, effective April 1, 2005 (BC Reg 173/2005).

(1)  With or without refunding the fees for the licence, the Insurance Corporation of British Columbia, at the direction of the superintendent, shall cancel a driver's licence in the circumstances referred to in section 60 (6) (a) or (b).

  Section 61 (2) BEFORE amended by 2023-10-626, effective March 30, 2023 (Royal Assent).

(2) If a person is notified that his or her driver's licence has been cancelled under this section, the person must,

(a) if notified of the cancellation by mail, immediately send his or her driver's licence to the Insurance Corporation of British Columbia, and

(b) if notified of the cancellation by personal service by a peace officer, sheriff or person authorized by the Insurance Corporation of British Columbia to do anything under this Act, surrender his or her driver's licence to the serving peace officer, sheriff or person.

  Section 65 BEFORE repealed by 2015-13-5, effective November 2, 2015 (BC Reg 202/2015).

  Section 66 (1.1) was added by 2003-11-4, effective April 1, 2003 (BC Reg 139/2003).

  Section 67 (3) and (5) BEFORE amended by 2003-52-447, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(3)  If the accident occurred in a city or city municipality, the report must be made to a police officer of the city or city municipality, or to the designated person, as soon as possible and in every case within 24 hours after the accident.

(5)  If the accident occurred elsewhere than in a city, city municipality or municipality, the report must be made to the officer or constable of the Royal Canadian Mounted Police stationed nearest to the place where the accident occurred within 48 hours after the accident.

  Section 67 (4) BEFORE repealed by 2003-52-447, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

(4)  If the accident occurred in a municipality other than a city or city municipality, the report must be made to a police officer of the municipality, or to the designated person, as soon as possible and in every case within 24 hours after the accident.

  Section 67 BEFORE repealed by 2008-42-78, effective July 1, 2008 (BC Reg 191/2008).

  Section 68 (1) (c) (part) BEFORE amended by 2008-42-80, effective July 1, 2008 (BC Reg 191/2008).

(c) produce in writing to any other driver involved in the accident and to anyone sustaining loss or injury, and, on request, to a peace officer or to a witness

  Section 68 (1) (c) (iv) BEFORE amended by 2018-53-70, effective September 16, 2019 (BC Reg 160/2019).

(iv) particulars of the motor vehicle liability insurance card or financial responsibility card for that vehicle,

  Section 68 (1) (c) (i) BEFORE amended by 2023-10-627, effective March 30, 2023 (Royal Assent).

(i) his or her name and address,

  Section 68 (1) (c) (ii) BEFORE amended by 2023-35-19(a), effective January 6, 2025 (BC Reg 115/2024).

(ii) the name and address of the registered owner of the vehicle,

  Section 68 (2) (a) BEFORE amended by 2023-35-19(b) and (c), effective January 6, 2025 (BC Reg 115/2024).

(a) locate and notify in writing the person in charge of or the owner of the unattended vehicle of

(i) the name and address of the driver, operator or other person in charge,

(ii) the name and address of the registered owner, and

(iii) the licence number

of the vehicle that struck the unattended vehicle, or

  Section 68 (3) (b) BEFORE amended by 2023-35-19(d), effective January 6, 2025 (BC Reg 115/2024).

(b) the name and address of the registered owner;

  Section 69 BEFORE amended by 2009-10-7, effective May 1, 2009.

  Section 69 (1) (c) BEFORE amended by 2023-10-628, effective March 30, 2023 (Royal Assent).

(c) being the holder of a permit, certificate or consent issued or given to him or her under this Act or under an Act of a province of Canada, permits another person to possess or use it.

  Section 70 (1) (a) and (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) uses or is in possession of a driver's licence or salesperson's licence belonging to another person, or a permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent issued or given under this Act or the regulations belonging to another person, or a fictitious or invalid licence, permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent purporting to be issued or given under this Act;

(b) refuses or fails to produce a subsisting driver's licence, permit, certificate, motor vehicle liability insurance card, financial responsibility card, or consent issued to him or her under this Act or the regulations when requested by a peace officer or constable to do so, or refuses or fails to permit it to be taken in hand for the purpose of inspection by the peace officer or constable.

  Section 70 (1) (a) BEFORE amended by 2009-10-8(a), effective May 1, 2009.

(a) uses or is in possession of a driver's licence or salesperson's licence belonging to another person, or a permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent issued or given under this Act belonging to another person, or a fictitious or invalid licence, permit, certificate, motor vehicle liability insurance card, financial responsibility card or consent purporting to be issued or given under this Act;

  Section 70 (1.1) was added by 2009-10-8(b), effective May 1, 2009.

  Section 70 (1) (b) BEFORE amended by 2023-10-628, effective March 30, 2023 (Royal Assent).

(b) refuses or fails to produce a subsisting driver's licence, permit, certificate, motor vehicle liability insurance card, financial responsibility card, or consent issued to him or her under this Act when requested by a peace officer or constable to do so, or refuses or fails to permit it to be taken in hand for the purpose of inspection by the peace officer or constable.

  Section 118.94 definitions of "carrier" and "commercial motor vehicle" BEFORE amended by 2018-53-71, effective September 16, 2019 (BC Reg 160/2019).

"carrier" means, in relation to a commercial motor vehicle,

(a) the owner of the commercial motor vehicle, including a person in possession of the commercial motor vehicle under a contract by which the person may become the owner of the commercial motor vehicle on full compliance with the contract,

(b) any other person having management of the commercial motor vehicle or determination of the uses to which it is put, and

(c) the lessee of the commercial motor vehicle if the lease for the commercial motor vehicle has a term of at least one month,

but a person is not a carrier merely because the person is the driver of the commercial motor vehicle;

"commercial motor vehicle" means a motor vehicle, used in the course of business for the transportation of persons or freight, that is a

(a) truck or truck tractor with a licensed gross vehicle weight greater than 5 000 kg and includes an attached trailer,

(b) bus,

(c) motor vehicle whose operator is required to hold a licence under the Passenger Transportation Act, or

(d) business vehicle, as defined in section 237, that has a gross vehicle weight greater than 5 000 kg;

  Section 73 (2) BEFORE amended by 2023-10-629, effective March 30, 2023 (Royal Assent).

(2) When requested by a peace officer, the driver of a motor vehicle or the person in charge of a motor vehicle on a highway must state correctly his or her name and address and the name and address of the owner of the motor vehicle.

  Section 74 (1) (c) BEFORE amended by 2009-10-9(a), effective May 1, 2009.

(c) alters a driver's licence issued under this Act, or

  Section 74 (4) was added by 2009-10-9(b), effective May 1, 2009.

  Section 74 (1) (a) (ii) BEFORE amended by 2020-11-6(a), effective August 14, 2020 (Royal Assent).

(ii) on a numbered decal issued under section 12 (3), or

  Section 74 (1) (b) (i) and (ii) BEFORE amended by 2020-11-6(b), effective August 14, 2020 (Royal Assent).

(i) a number plate, numbered decal or document referred to in paragraph (a) on which a figure or letter has been altered, obliterated or repainted, or

(ii) a number plate, numbered decal or other document for the temporary operation of a motor vehicle or trailer, that has not been issued under this Act but that is of a colour or design resembling or purporting to be a number plate, numbered decal or document for the temporary operation of a motor vehicle or trailer issued under this Act,

  Section 74 (2) BEFORE amended by 2020-11-6(b), effective August 14, 2020 (Royal Assent).

(2) Subsection (1) (b) applies to a number plate, numbered decal or other document for the temporary operation of a motor vehicle or trailer issued in another jurisdiction.

  Section 77 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).

(1)  Despite any statute, all fines imposed under this Act in prosecutions on information laid by an officer or constable of the Royal Canadian Mounted Police must, when paid or recovered, be paid to the Minister of Finance and Corporate Relations and form part of the consolidated revenue fund.

  Section 79 sandwich text BEFORE amended by 2023-10-630, effective March 30, 2023 (Royal Assent).

and may detain the person arrested until he or she can be brought before a justice to be dealt with according to law.

  Section 80 BEFORE amended by 2023-10-631, effective March 30, 2023 (Royal Assent).

  Section 82 (1) to (6) and (9) BEFORE amended by 2003-11-5, effective April 1, 2003 (BC Reg 139/2003).

(1)  If a record is kept by the Insurance Corporation of British Columbia or the superintendent under this Act or the regulations, the corporation or superintendent, as the case may be, may

(a) have the record photocopied,

(b) have the record or its contents stored in electronic format,

(c) have the record or its contents reproduced on a record that enables the information to be subsequently displayed or immediately accessible in visible form, or

(d) keep the record or its contents in any other prescribed manner.

(2)  If information from a record to be kept by the Insurance Corporation of British Columbia or the superintendent is converted into another format under subsection (1), the corporation or the superintendent, as the case may be, may destroy the paper format of the record and the information, in the format into which it has been converted, is deemed to be the record so converted.

(3)  If records are kept by the Insurance Corporation of British Columbia or the superintendent otherwise than in paper format, the corporation or the superintendent, as the case may be, must provide, in intelligible form, any copy of those records that, under this Act or the regulations, the corporation or the superintendent, as the case may be, is required to provide.

(4)  A copy of, or extract from, a record kept in a format other than an electronic format by the Insurance Corporation of British Columbia or the superintendent under this Act or the regulations, certified to be a true copy or extract by an officer of the corporation or by the superintendent, as the case may be, is

(a) evidence of the record or of the part of the record extracted and of the facts stated in the record or the part of the record, and

(b) conclusive proof that the corporation or the superintendent, as the case may be, is the keeper of the record, in fulfillment of the corporation's or the superintendent's responsibility under this section.

(5)  A reproduction in paper format of a record kept in electronic format by the Insurance Corporation of British Columbia or the superintendent is evidence of the record and of the facts stated in the record, and is conclusive proof that the corporation or the superintendent, as the case may be, is the keeper of the record, in fulfillment of the corporation's or the superintendent's responsibility under this section, if

(a) the reproduction is certified to be a true copy by an officer of the corporation or by the superintendent, as the case may be, or

(b) the reproduction contains a statement to the effect that the reproduction is an authentic reproduction of information stored in a database in electronic format by the corporation or by the superintendent, as the case may be.

(6)  A record of information, based on the records kept by the Insurance Corporation of British Columbia or by the superintendent under this Act or the regulations, is evidence of the facts contained in the record if

(a) the information is contained in a certificate of an officer of the corporation or of the superintendent, as the case may be, or

(b) the record contains a statement to the effect that the record is an authentic reproduction of information stored in a database in electronic format by the corporation or by the superintendent, as the case may be.

(9)  This section is in addition to and not in substitution for any provision of this or any other enactment respecting the retention, certification or use of records by the Insurance Corporation of British Columbia or the superintendent including, without limitation, any provision that

(a) allows the corporation or the superintendent, as the case may be, to retain records in any format,

(b) allows for certification of records by the corporation or by the superintendent, as the case may be, in any manner, or

(c) allows any record to stand as evidence of any fact or matter.

  Section 82 (10.1) was added by 2003-11-5, effective April 1, 2003 (BC Reg 139/2003).

  Section 82 (10.1) BEFORE amended by BC Reg 367/2006 under RS1996-440-12, effective December 18, 2006 (BC Reg 367/2006).

(10.1)  The director is responsible for keeping, and has custody and control of, the records that are prescribed for the purpose of this subsection by the Lieutenant Governor in Council and of other records pertinent to the director's powers, duties and functions under this Act or any other enactment.

  Section 82 (11) BEFORE amended by BC Reg 389/2007 under RS1996-440-12, effective November 23, 2007 (BC Reg 389/2007).

(11)  The superintendent is responsible for keeping, and has custody and control of, the records that are prescribed for the purpose of this subsection by the Lieutenant Governor in Council and of other records pertinent to the superintendent's powers, duties and functions under this Act or any other enactment.

  Section 82 (1), (3), (4), (6) and (7) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(1)  If a record is kept by the Insurance Corporation of British Columbia, the director or the superintendent under this Act or the regulations, the corporation, director or superintendent, as the case may be, may

(a) have the record photocopied,

(b) have the record or its contents stored in electronic format,

(c) have the record or its contents reproduced on a record that enables the information to be subsequently displayed or immediately accessible in visible form, or

(d) keep the record or its contents in any other prescribed manner.

(2)  If information from a record to be kept by the Insurance Corporation of British Columbia, the director or the superintendent is converted into another format under subsection (1), the corporation, director or superintendent, as the case may be, may destroy the paper format of the record and the information, in the format into which it has been converted, is deemed to be the record so converted.

(3)  If records are kept by the Insurance Corporation of British Columbia, the director or the superintendent otherwise than in paper format, the corporation, director or superintendent, as the case may be, must provide, in intelligible form, any copy of those records that, under this Act or the regulations, the corporation, director or superintendent, as the case may be, is required to provide.

(4)  A copy of, or extract from, a record kept in a format other than an electronic format by the Insurance Corporation of British Columbia, the director or the superintendent under this Act or the regulations, certified to be a true copy or extract by an officer of the corporation or by the director or the superintendent, as the case may be, is

(a) evidence of the record or of the part of the record extracted and of the facts stated in the record or the part of the record, and

(b) conclusive proof that the corporation, director or superintendent, as the case may be, is the keeper of the record, in fulfillment of the corporation's, the director's or the superintendent's responsibility under this section.

(6)  A record of information, based on the records kept by the Insurance Corporation of British Columbia, the director or the superintendent under this Act or the regulations, is evidence of the facts contained in the record if

(a) the information is contained in a certificate of an officer of the corporation, or of the director or the superintendent, as the case may be, or

(b) the record contains a statement to the effect that the record is an authentic reproduction of information stored in a database in electronic format by the corporation, director or superintendent, as the case may be.

(7)  Proof is not required of the signature or official position of a person certifying the truth of a copy or extract, or giving a certificate under this section, and a facsimile signature purporting to be the signature of a person required to sign or certify a record under this Act or the regulations is evidence of the signature and of the authority for the use of the facsimile signature.

  Section 82.2 was enacted by 2023-16-38, effective November 30, 2023 (BC Reg 244/2023).

  Section 83 (2) BEFORE amended by 2004-44-139, effective December 31, 2004 (BC Reg 547/2004).

(2)  The owner of a motor vehicle must be held liable for any contravention of this Act or the regulations, the Highway Act or the regulations under it, or the Firearm Act in respect of the carrying or use of firearms in motor vehicles, or the traffic bylaws of a municipality.

  Section 83 (2.1) was added by 2007-14-48(a), effective June 6, 2008 (BC Reg 122/2008).

  Section 83 (3) (part) (6) and (7) (part) BEFORE amended by 2007-14-48(b), effective June 6, 2008 (BC Reg 122/2008).

(3)  An owner must not be held liable under subsection (2) if the owner establishes that

(6)  An owner of a motor vehicle is liable under subsection (2) even if the motor vehicle, at the time of the contravention, is unattended or is not in the possession of any person.

(7)  An owner must not be held liable under subsection (2)

  Section 83 (1) definition of "traffic laws of a treaty first nation" was added by 2007-36-127(a), effective April 3, 2009 (BC Reg 55/2009).

  Section 83 (2) BEFORE amended by 2007-36-127(b), effective April 3, 2009 (BC Reg 55/2009).

(2)  The owner of a motor vehicle must be held liable for any contravention of this Act or the regulations, the Transportation Act or the regulations under it, or the Firearm Act in respect of the carrying or use of firearms in motor vehicles, or the traffic bylaws of a municipality.

  Section 83 (1) definition of "Nisg̱a'a traffic laws" was added by 2010-21-16(a), effective February 1, 2021 (BC Reg 20/2021).

  Section 83 (2) (f) was added by 2010-21-16(b), effective February 1, 2021 (BC Reg 20/2021).

  Section 83 (1) definition of "owner", paragraph (a) BEFORE amended by 2023-35-20(a), effective January 6, 2025 (BC Reg 115/2024).

(a) a person in possession of a motor vehicle under a contract by which the person may become the owner on full compliance with the contract, and in whose name alone the motor vehicle is registered, and

  Section 83 (5) (c) was added by 2023-35-20(b), effective January 6, 2025 (BC Reg 115/2024).

  Section 83.1 (8) (c) was added by 2019-36-83(a), effective February 14, 2020 (BC Reg 22/2020).

  Section 83.1 (14), (15) and (16) were added by 2019-36-83(b), effective February 14, 2020 (BC Reg 22/2020).

  Section 83.1 (1) definition of "owner", paragraph (a) BEFORE amended by 2023-35-21(a), effective January 6, 2025 (BC Reg 115/2024).

(a) a person in possession of a motor vehicle under a contract by which the person may become the owner on full compliance with the contract, and in whose name alone the motor vehicle is registered under this Act,

  Section 83.1 (5) (c) was added by 2023-35-21(b), effective January 6, 2025 (BC Reg 115/2024).

  Section 83.2 (7.1) (b) BEFORE amended by 2023-10-632, effective March 30, 2023 (Royal Assent).

(b) in place of signing the certificate under subsection (2), the enforcement officer may identify himself or herself as the person making and authenticating that certificate by means of an electronic reproduction of his or her signature that is capable of being assigned to that certificate only by that enforcement officer,

  Section 84 (1) BEFORE amended by 2004-44-140, effective December 31, 2004 (BC Reg 547/2004).

(1)  If a peace officer has reason to believe that a motor vehicle has been involved in an accident or in a contravention of this Act, the Commercial Transport Act or the Highway Act, the regulations under any of these Acts or the bylaws of a municipality, and so informs the owner or a person in the motor vehicle, it is the duty of the owner or person, as the case may be, if required by the peace officer, to give all information it is in his or her power to give relating to the identification of the driver of the motor vehicle at the relevant time or during the relevant period.

  Section 84 (1) BEFORE amended by 2007-36-128, effective April 3, 2009 (BC Reg 55/2009).

(1)  If a peace officer has reason to believe that a motor vehicle has been involved in an accident or in a contravention of this Act, the Commercial Transport Act or the Transportation Act, the regulations under any of these Acts or the bylaws of a municipality, and so informs the owner or a person in the motor vehicle, it is the duty of the owner or person, as the case may be, if required by the peace officer, to give all information it is in his or her power to give relating to the identification of the driver of the motor vehicle at the relevant time or during the relevant period.

  Section 84 (1) BEFORE amended by 2010-21-17, effective February 1, 2021 (BC Reg 20/2021).

(1) If a peace officer has reason to believe that a motor vehicle has been involved in an accident or in a contravention of this Act, the Commercial Transport Act or the Transportation Act, the regulations under any of these Acts, the bylaws of a municipality or the laws of a treaty first nation, and so informs the owner or a person in the motor vehicle, it is the duty of the owner or person, as the case may be, if required by the peace officer, to give all information it is in his or her power to give relating to the identification of the driver of the motor vehicle at the relevant time or during the relevant period.

  Section 84 BEFORE amended by 2023-35-22, effective January 6, 2025 (BC Reg 115/2024).

  Section 86 BEFORE amended by 2007-24-43(a), effective November 8, 2007 (BC Reg 341/2007).

  Section 86 (1.1), (1.2) and (1.3) were added by 2007-24-43(a), effective November 8, 2007 (BC Reg 341/2007).

  Section 86 (2) BEFORE amended by 2007-24-43(b), effective November 8, 2007 (BC Reg 341/2007).

(2)  Nothing in this section relieves a person deemed to be the agent or servant of the owner and to be driving or operating the motor vehicle in the course of his or her employment from the liability for such loss or damage.

  Section 86 (3) BEFORE amended by 2007-24-43(c), effective November 8, 2007 (BC Reg 341/2007).

(3)  If a motor vehicle has been sold, and is in possession of the purchaser under a contract of conditional sale by which the title to the motor vehicle remains in the seller until the purchaser becomes the owner on full compliance with the contract, the purchaser is deemed an owner within the meaning of this section, but the seller or the seller's assignee is not deemed to be an owner within the meaning of this section.

  Section 86 (4) was added by 2007-24-43(c), effective November 8, 2007 (BC Reg 341/2007).

  Section 86 BEFORE amended by 2023-35-23, effective January 6, 2025 (BC Reg 115/2024).

  Section 88 (1) and (3) BEFORE amended by 2023-35-24, effective January 6, 2025 (BC Reg 115/2024).

(1) The registered owner of a motor vehicle by means of or in respect of which motor vehicle an offence against this Act or the regulations with respect to the equipment or maintenance of the vehicle is committed by his or her employee, servant, agent or worker, or by any person entrusted by him or her with the possession of the motor vehicle, is deemed to be a party to the offence committed, and is personally liable to the penalties prescribed for the offence as a principal offender.

(3) On every prosecution of a registered owner of a motor vehicle for an offence against this Act or regulations that has been committed by means of or in respect of that motor vehicle, the burden of proving that the offence was not committed by the registered owner and that the person committing the offence was not the registered owner's employee, servant, agent or worker, or a person entrusted by the registered owner with the possession of the motor vehicle is on the defendant.

  Section 89 BEFORE re-enacted by 2003-85-68, effective April 1, 2004 (BC Reg 139/2004).

  Section 89 BEFORE re-enacted by 2004-68-7, effective May 1, 2005 (BC Reg 172/2005).

  Section 89 (1) (b) BEFORE amended by 2004-68-22, effective June 1, 2007 (BC Reg 166/2006).

(b) pleads guilty to or is found guilty of an offence under an Act referred to in paragraph (a) of this subsection, the Commercial Transport Act or the Insurance (Motor Vehicle) Act and is prohibited from driving a motor vehicle while waiting to be sentenced for that offence, or

  Section 89 (2) (b) BEFORE amended by 2004-68-22, effective June 1, 2007 (BC Reg 166/2006).

(b) pleads guilty to an offence under an Act referred to in subsection (1) (a), the Commercial Transport Act or the Insurance (Motor Vehicle) Act and is prohibited from driving a motor vehicle while waiting to be sentenced for that offence, or

  Section 89 (1) (part) BEFORE amended by 2023-10-633, effective March 30, 2023 (Royal Assent).

(1) A person's driver's licence and his or her right to apply for or obtain a driver's licence are deemed to be suspended if the person

  Section 90 (1) (a) (ii) BEFORE amended by 2003-94-76(a), effective June 1, 2007 (BC Reg 166/2006).

(ii)  obtained automobile insurance, as defined in the Insurance Act, or a motor vehicle liability policy, for a motor vehicle or trailer owned by the person,

  Section 90 (2) (a) BEFORE amended by 2003-94-76(b), effective June 1, 2007 (BC Reg 166/2006).

(a) obtaining automobile insurance, as defined in the Insurance Act, or a motor vehicle liability policy,

  Section 90 (2) (c) BEFORE amended by 2003-94-76(c), effective June 1, 2007 (BC Reg 166/2006).

(c) in the circumstances set out in paragraph (a), a motor vehicle liability policy or automobile insurance is obtained.

  Section 90 (6) BEFORE amended by 2003-94-76(d), effective June 1, 2007 (BC Reg 166/2006).

(6)  If the automobile insurance, as defined in the Insurance Act, or a motor vehicle liability policy for a motor vehicle or trailer is suspended, cancelled or revoked, the Insurance Corporation of British Columbia must

  Section 90 (6) (a) BEFORE amended by 2003-94-76(e), effective June 1, 2007 (BC Reg 166/2006).

(a) in the case of suspension, suspend the licence and corresponding number plates for the motor vehicle or trailer or a permit, or all of them, until the suspension of the automobile insurance or motor vehicle liability policy ends, and

  Section 90.3 (5) BEFORE amended by 2004-68-8(a), effective January 17, 2005 (BC Reg 588/2004).

(5)  Unless the licence suspension is terminated under subsection (6), the person's driver's licence is automatically suspended for a period of 12 hours from the time the peace officer served the driver with a notice of licence suspension under subsection (3) (c).

  Section 90.3 (6) BEFORE repealed by 2004-68-8(b), effective January 17, 2005 (BC Reg 588/2004).

(6)  If a driver who is served with a notice of licence suspension under subsection (3) (c) produces, to a peace officer having charge of the matter, a certificate of a medical practitioner that

(a) states that the blood alcohol level of the driver did not exceed 3 mg of alcohol in 100 ml of blood at the time the certificate was signed, and

(b) was signed after the person's driver's licence was suspended,

the suspension of the driver's licence is terminated.

  Section 90.3 (8) BEFORE amended by 2004-68-8(c), effective January 17, 2005 (BC Reg 588/2004).

(8)  If a peace officer serves a notice of licence suspension under subsection (3) (c), the peace officer must cause a report of the suspension to be delivered to the Insurance Corporation of British Columbia unless the suspension is terminated under subsection (6).

  Section 90.3 (1) definition of "approved drug screening equipment" was added by 2018-18-3(a), effective October 17, 2018 (BC Reg 205/2018).

  Section 90.3 (1) definition of "driver" BEFORE amended by 2018-18-3(b), effective October 17, 2018 (BC Reg 205/2018).

"driver" means a driver who holds a driver's licence on which a condition is imposed under section 25 (10.1) and includes any such person having the care or control of a motor vehicle on a highway or industrial road whether or not the motor vehicle is in motion.

  Section 90.3 (2) BEFORE amended by 2018-18-3(c), effective October 17, 2018 (BC Reg 205/2018).

(2) A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable and probable grounds to believe that a driver has alcohol in his or her body,

(a) request the driver to drive the motor vehicle, under the direction of the peace officer, to the nearest place off the travelled portion of the highway or industrial road, and

(b) by demand made to that driver, require the driver to promptly provide a sample of breath that, in the opinion of the peace officer, is necessary to enable a proper analysis of the breath to be made by means of an approved screening device and, if necessary, to accompany the peace officer for the purpose of enabling that sample of breath to be taken.

  Section 90.3 (2.1) was added by 2018-18-3(c), effective October 17, 2018 (BC Reg 205/2018).

  Section 90.3 (3), (4), (5), (7), (8) and (10) BEFORE amended by 2018-18-3(c), (d), (e), (f) and (g), effective October 17, 2018 (BC Reg 205/2018).

(3) If

(a) a driver, without a reasonable excuse, fails or refuses to comply with a demand made under subsection (2) (b), or

(b) the peace officer, pursuant to an analysis of the breath of the driver under subsection (2) (b), has reasonable and probable grounds to believe that the driver has alcohol in his or her body,

the peace officer may

(c) serve the driver with a notice of licence suspension, and

(d) if the driver is in possession of a driver's licence, request the driver to surrender that licence.

(4) If a peace officer requests a driver to surrender the driver's licence under subsection (3) (d), the driver must promptly surrender the driver's licence to the peace officer.

(5) A person's driver's licence is automatically suspended for a period of 12 hours from the time the peace officer served the driver with a notice of licence suspension under subsection (3) (c).

(7) A peace officer acting under subsection (3) need not hold the opinion that the blood alcohol level of the driver exceeds 3 mg of alcohol in 100 ml of blood.

(8) If a peace officer serves a notice of licence suspension under subsection (3) (c), the peace officer must cause a report of the suspension to be delivered to the Insurance Corporation of British Columbia.

(10) The Lieutenant Governor in Council may prescribe an approved screening device for the purposes of this section.

  Section 90.3 (2) (b) BEFORE amended by 2023-10-634, effective March 30, 2023 (Royal Assent).

(b) the peace officer has reasonable grounds to believe, as a result of the analysis, that the driver has alcohol in his or her body,

  Section 90.3 (2.1) (b) BEFORE amended by 2023-10-634, effective March 30, 2023 (Royal Assent).

(b) the peace officer has reasonable grounds to believe, as a result of the analysis, that the driver has a prescribed drug in his or her body,

  Section 90.3 (8) BEFORE amended by 2023-16-39(a), effective November 30, 2023 (BC Reg 244/2023).

(8) If a peace officer serves a notice of licence suspension under subsection (2) (c) or (2.1) (c), the peace officer must cause a report of the suspension to be delivered to the Insurance Corporation of British Columbia.

  Section 90.3 (9) BEFORE repealed by 2023-16-39(b), effective November 30, 2023 (BC Reg 244/2023).

(9) The report referred to in subsection (8) must be in a form established by the Insurance Corporation of British Columbia.

  Section 90.4 (1) and (2) BEFORE amended by 2018-18-4, effective October 17, 2018 (BC Reg 205/2018).

(1) A person who holds a driver's licence on which a condition has been imposed under section 25 (10.1) commits an offence if the person drives a motor vehicle on a highway or industrial road knowing that the person's driver's licence has been suspended under section 90.1 or 90.3.

(2) If a person is charged with an offence under subsection (1), the court hearing the charge may admit into evidence a certificate of the Insurance Corporation of British Columbia if the offence pertains to a suspension under section 90.3, or a certificate of the superintendent if the offence pertains to a suspension under section 90.1, stating the information required by subsection (3).

  Section 90.4 (3) (b.1) was added by 2023-16-40, effective November 30, 2023 (BC Reg 244/2023).

  Section 92 BEFORE amended by 2004-68-9(a), effective June 15, 2005 (BC Reg 174/2005).

  Section 92 (b.1) and (b.2) were added by 2004-68-9(b), effective June 15, 2005 (BC Reg 174/2005).

  Section 92 (b.1) BEFORE amended by 2015-13-6, effective February 3, 2016 (BC Reg 12/2016).

(b.1) a person fails to comply with a condition imposed on his or her driver's licence under section 25.1 (2), or

  Section 92 (a) (part) BEFORE amended by 2023-10-635, effective March 30, 2023 (Royal Assent).

(a) a person has been required under section 29 to submit to an examination and he or she

  Section 93.1 BEFORE amended by 2023-10-636, effective March 30, 2023 (Royal Assent).

  Section 93.2 (1) (a) BEFORE amended by 2010-14-6, effective September 20, 2010 (BC Reg 238/2010).

(a) the imposition, cancellation, reimposition or stay of any prohibition under section 92, 93, 94.2 or 94.6, and

  Section 94 (1) BEFORE amended by 2020-9-10(a), effective August 14, 2020 (Royal Assent).

(1) A person who is prohibited from driving a motor vehicle under section 93 may, within 30 days after the person receives notice of prohibition from driving a motor vehicle, appeal the prohibition to the Supreme Court.

  Section 94 (3) (b) BEFORE amended by 2020-9-10(b), effective August 14, 2020 (Royal Assent).

(b) allow the appeal and order the superintendent to terminate the prohibition imposed under section 93.

  Section 94.1 (1) (a) BEFORE amended by 2000-9-32, effective December 18, 2000 (BC Reg 418/2000).

(a) by reason of an analysis of the breath or blood of a person, that a person operated a motor vehicle or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood, or

  Section 94.1 (1) (part) BEFORE amended by 2010-14-7(a), effective July 28, 2010 (BC Reg 263/2010).

the peace officer must,

  Section 94.1 (3) (b) BEFORE amended by 2010-14-7(b), effective July 28, 2010 (BC Reg 263/2010).

(b) prescribed instructions describing how to apply for that review, and

  Section 94.1 (4) was added by 2010-14-7(c), effective September 20, 2010 (BC Reg 238/2010).

  Section 94.1 (0.1) was added by 2018-18-5(a)(part), effective January 7, 2019 (BC Reg 256/2018).

  Section 94.1 (1) (part) BEFORE amended by 2018-18-5(b), effective January 7, 2019 (BC Reg 256/2018).

(1) If a peace officer has reasonable and probable grounds to believe

  Section 94.1 (1) (a) BEFORE amended by 2018-18-5(c), effective January 7, 2019 (BC Reg 256/2018).

(a) by reason of an analysis of the breath or blood of a person, that a person operated a motor vehicle or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating or having care or control of the motor vehicle, or

  Section 94.1 (1) (a) BEFORE amended by 2018-18-6(b), effective January 7, 2019 (BC Reg 256/2018).

(a) by reason of an analysis of the breath or blood of a person, that a person operated a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating the motor vehicle, or

  Section 94.1 (1) (b) BEFORE amended by 2018-18-5(e), effective January 7, 2019 (BC Reg 256/2018).

(b) that a person failed or refused, without a reasonable excuse, to comply with a demand made on the person to supply a sample of his or her breath or blood under section 254 of the Criminal Code in respect of the operation or care or control of a motor vehicle,

  Section 94.1 (1) (b) BEFORE amended by 2018-18-6(d), effective January 7, 2019 (BC Reg 256/2018).

(b) that a person failed or refused, without a reasonable excuse, to comply with a demand made under section 254 of the Criminal Code in respect of the operation of a motor vehicle,

  Section 94.1 (0.1) definition of "evaluating officer" was added by 2018-18-5(a)(rem) (as amended by 2018-18-6(a)), effective July 15, 2019 (BC Reg 125/2019).

  Section 94.1 (1) (a.1) to (a.3) were added by 2018-18-5(d) (as amended by 2018-18-6(c) and 2019-11-30), effective July 15, 2019 (BC Reg 125/2019).

  Section 94.1 (3) (c) BEFORE amended by 2018-18-5(f), effective July 15, 2019 (BC Reg 125/2019).

(c) a statement that if the person on whom the notice of driving prohibition is served does not apply for a review under section 94.4, the person will be prohibited from operating a motor vehicle for a period of 90 days.

  Section 94.1 (1) (c) (i) BEFORE amended by 2023-10-637, effective March 30, 2023 (Royal Assent).

(i) take possession of the person's licence or permit if the person has it in his or her possession, and

  Section 94.1 (2) BEFORE amended by 2023-10-637, effective March 30, 2023 (Royal Assent).

(2) If a person referred to in subsection (1) (c) is not in possession of his or her licence or permit issued under this Act to operate a motor vehicle at the time the person is served with the notice of driving prohibition, the person must promptly send the licence or permit to the Insurance Corporation of British Columbia.

  Section 94.1 (1) (c) and (d) BEFORE amended by 2024-10-64(a) and (b), effective April 25, 2024 (Royal Assent).

(c) if the person holds a valid licence or permit issued under this Act to operate a motor vehicle,

(i) take possession of the person's licence or permit if the person has it in the person's possession, and

(ii) serve on the person a notice of driving prohibition, or

(d) if the person

(i) holds a valid document issued in another jurisdiction that allows the person to operate a motor vehicle, or

(ii) does not hold a valid licence or permit to operate a motor vehicle,

serve on the person a notice of driving prohibition.

  Section 94.1 (1) (e) and (f) were added by 2024-10-64(b), effective April 25, 2024 (Royal Assent).

  Section 94.2 BEFORE re-enacted by 2018-18-7, effective July 15, 2019 (BC Reg 125/2019).

  Section 94.2 (3) (b) BEFORE amended by 2024-10-65, effective April 25, 2024 (Royal Assent).

(b) if the person is served with the notice of driving prohibition under section 94.1 (1) (d), the driving prohibition takes effect 7 days after the date the notice is served.

  Section 94.3 (c) and (d) BEFORE amended by 2002-25-47, effective May 9, 2002 (Royal Assent).

(c) a certificate of service in the prescribed form showing that the notice of driving prohibition was personally served on the person subject to the driving prohibition,

(d) a report, in the prescribed form, sworn or solemnly affirmed by the peace officer, and

  Section 94.3 BEFORE amended by 2018-18-8, effective January 7, 2019 (BC Reg 256/2018).

  Section 94.3 (b) (ii) BEFORE amended by 2018-18-9, effective January 7, 2019 (BC Reg 256/2018).

(ii) a copy of any certificate of analysis under section 258 of the Criminal Code with respect to the person, and

  Section 94.3 (a) (i.1) was added by 2024-10-66, effective April 25, 2024 (Royal Assent).

  Section 94.4 (1) (c) BEFORE amended by 2002-25-48, effective May 9, 2002 (Royal Assent).

(c) if it has not been taken by the peace officer or sent to the superintendent under section 94.1, surrendering to the Insurance Corporation of British Columbia his or her licence or permit to operate a motor vehicle unless the person completes and files with the superintendent a statutory declaration in the prescribed form stating that the licence or permit has been lost, stolen or destroyed.

  Section 94.4 (1) (b) BEFORE amended by 2010-14-8, effective July 28, 2010 (BC Reg 263/2010).

(b) paying to the superintendent

(i)  the prescribed application fee, and

(ii)  the prescribed hearing fee, and

  Section 94.4 (7) was added by 2015-13-7, effective May 14, 2015 (Royal Assent).

  Section 94.4 (7) (b) BEFORE amended by 2018-18-10, effective January 7, 2019 (BC Reg 256/2018).

(b) by the end of the period of time specified in subsection (1), the superintendent has not received the sworn or solemnly affirmed report required to be forwarded under section 94.3 (d),

  Section 94.4 (1) (c) BEFORE amended by 2023-10-637, effective March 30, 2023 (Royal Assent).

(c) if it has not been taken by the peace officer or sent to the superintendent under section 94.1, surrendering to the Insurance Corporation of British Columbia his or her licence or permit to operate a motor vehicle unless the person completes and files with the superintendent a statutory declaration stating that the licence or permit has been lost, stolen or destroyed.

  Section 94.4 (3) BEFORE amended by 2024-10-67, effective January 1, 2025 (BC Reg 229/2024).

(3) An applicant may attach to the application for review any sworn statements or other evidence that the applicant wishes the superintendent to consider.

  Section 94.5 (3) was added by 2002-63-16, effective May 5, 1997 [retro from October 31, 2002 (Royal Assent).]

  Section 94.5 (1) (c.1) was added by 2010-14-9(a), effective July 28, 2010 (BC Reg 263/2010).

  Section 94.5 (2.1) and (2.2) were added by 2010-14-9(b), effective July 28, 2010 (BC Reg 263/2010).

  Section 94.5 (1) (d) BEFORE amended by 2015-13-8, effective May 14, 2015 (Royal Assent).

(d) if an oral hearing is held, in addition to the matters referred to in paragraphs (a) to (c), any relevant evidence given or representations made at the hearing.

  Section 94.5 (2.1) and (2.2) BEFORE amended by 2015-13-8, effective May 14, 2015 (Royal Assent).

(2.1) Despite subsection (1), the superintendent may, in the superintendent's discretion, proceed with a hearing whether or not the superintendent has received at the time of the hearing all those documents required to be forwarded to the superintendent under section 94.3.

(2.2) The superintendent may determine the weight to be given to any document or other information referred to in subsection (1) (c.1), including any document or information that is not sworn or solemnly affirmed.

  Section 94.5 (1) (b) BEFORE amended by 2018-18-11(a), effective January 7, 2019 (BC Reg 256/2018).

(b) the report of the peace officer forwarded under section 94.3 (d),

  Section 94.5 (1) (b.1) was added by 2018-18-11(b), effective January 7, 2019 (BC Reg 256/2018).

  Section 94.5 (1) (c) BEFORE amended by 2018-18-12, effective January 7, 2019 (BC Reg 256/2018).

(c) a copy of any certificate of analysis under section 258 of the Criminal Code with respect to the person served with the notice of driving prohibition,

  Section 94.5 (1) (a) BEFORE amended by 2020-9-11(a), effective August 14, 2020 (Royal Assent).

(a) any relevant sworn or solemnly affirmed statements and any other relevant information,

  Section 94.5 (4) and (5) were added by 2020-9-11(b), effective August 14, 2020 (Royal Assent).

  Section 94.5 (1) (a) BEFORE amended by 2024-10-68, effective January 1, 2025 (BC Reg 229/2024).

(a) any relevant statements and evidence submitted to the superintendent,

  Section 94.6 (1) (a) and (2) (a) BEFORE amended by 2000-9-33, effective December 18, 2000 (BC Reg 418/2000).

(a) the person operated or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood, or

(2)  If after considering an application for review under section 94.4, the superintendent is satisfied that

(a) the person did not operate or have care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood, or

  Section 94.6 (1) and (2) BEFORE amended by 2018-18-13(a)(part), (b), (c) and (d), effective January 7, 2019 (BC Reg 256/2018).

(1) If after considering an application for review under section 94.4, the superintendent is satisfied that

(a) the person operated or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating or having care or control of the motor vehicle, or

(b) the person failed or refused, without a reasonable excuse, to comply with a demand made on the person to supply a sample of his or her breath or blood under section 254 of the Criminal Code in respect of the operation or care or control of a motor vehicle

the superintendent must confirm the driving prohibition.

(2) If after considering an application for review under section 94.4, the superintendent is satisfied that

(a) the person did not, because of alcohol consumed prior to or while operating or having care or control of a motor vehicle, have a concentration of alcohol in his or her blood that exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating or having care or control of the motor vehicle, or

(b) the person

(i) did not fail or refuse to comply with a demand made on the person to supply a sample of his or her breath or blood under section 254 of the Criminal Code in respect of the operation or care or control of a motor vehicle, or

(ii) had a reasonable excuse for failing or refusing to comply with the demand referred to in subparagraph (i),

the superintendent must

(c) revoke the driving prohibition,

(d) direct the Insurance Corporation of British Columbia to return any licence or permit to operate a motor vehicle taken into possession by the peace officer or sent to the corporation, and

(e) direct that the application and hearing fees paid be refunded to the applicant.

  Section 94.6 (1) and (2) BEFORE amended by 2018-18-14(a), (b) and (c), effective January 7, 2019 (BC Reg 256/2018).

(1) Subject to subsection (2), if, after considering an application for review under section 94.4, the superintendent is satisfied that,

(a) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a), the person operated a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person’s blood exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating the motor vehicle,

(b) the person failed or refused, without a reasonable excuse, to comply with a demand made under section 254 of the Criminal Code in respect of the operation of a motor vehicle

the superintendent must confirm the driving prohibition.

(2) If after considering an application for review under section 94.4, the superintendent is satisfied that,

(a) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a), the person did not, because of alcohol consumed prior to or while operating of a motor vehicle, have a concentration of alcohol in his or her blood that exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating of the motor vehicle, or

(b) the person

(i) did not fail or refuse to comply with a demand made under section 254 of the Criminal Code in respect of the operation of a motor vehicle, or

(ii) had a reasonable excuse for failing or refusing to comply with the demand referred to in subparagraph (i),

the superintendent must

(c) revoke the driving prohibition,

(d) direct the Insurance Corporation of British Columbia to return any licence or permit to operate a motor vehicle taken into possession by the peace officer or sent to the corporation, and

(e) direct that the application and hearing fees paid be refunded to the applicant.

  Section 94.6 (1) and (2) BEFORE amended by 2019-11-28, effective May 16, 2019 (Royal Assent).

(1) Subject to subsection (2), if, after considering an application for review under section 94.4, the superintendent is satisfied that,

(a) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a), the person had, within 2 hours after ceasing to operate a motor vehicle, a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood,

(b) the person failed or refused, without a reasonable excuse, to comply with a demand made under section 320.27 or 320.28 of the Criminal Code in respect of the operation of a motor vehicle

the superintendent must confirm the driving prohibition.

(2) If after considering an application for review under section 94.4, the superintendent is satisfied that,

(a) in respect of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a),

(i) the person did not have, within 2 hours after ceasing to operate a motor vehicle, a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in 100 millilitres of blood, or

(ii) all of the following apply:

(A) the person consumed alcohol after ceasing to operate the motor vehicle;

(B) after ceasing to operate the motor vehicle, the person had no reasonable expectation that the person would be required to provide a sample of breath or blood;

(C) the person's alcohol consumption was consistent with the person's blood alcohol concentration as determined by the analysis of the breath or blood of the person and with the person having had, at the time when the person was operating the motor vehicle, a blood alcohol concentration that was less than 80 milligrams of alcohol in 100 millilitres of blood,

(b) the person

(i) did not fail or refuse to comply with a demand made under section 320.27 or 320.28 of the Criminal Code in respect of the operation of a motor vehicle, or

(ii) had a reasonable excuse for failing or refusing to comply with the demand referred to in subparagraph (i),

the superintendent must

(c) revoke the driving prohibition,

(d) direct the Insurance Corporation of British Columbia to return any licence or permit to operate a motor vehicle taken into possession by the peace officer or sent to the corporation, and

(e) direct that the application and hearing fees paid be refunded to the applicant.

  Section 94.6 (1) (a.1), (a.2) and (a.3) were added by 2018-18-13(a)(rem) (as amended by 2019-11-31), effective July 15, 2019 (BC Reg 125/2019).

  Section 94.6 (2) (a.1), (a.2) and (a.3) were added by 2018-18-13(e) (as amended by 2018-18-14(d),(e) and 2019-11-32), effective July 15, 2019 (BC Reg 125/2019).

  Section 94.6 (2) (a.2) (ii) (C) was added by 2018-18-14(d), effective July 15, 2019 (BC Reg 125/2019).

  Section 94.6 (5) (part) BEFORE amended by 2018-18-13(f), effective July 15, 2019 (BC Reg 125/2019).

(5) If the superintendent extends the period for sending a decision to the applicant under subsection (4), the superintendent must

  Section 94.6 (5) (b) (i) BEFORE amended by 2018-18-13(f), effective July 15, 2019 (BC Reg 125/2019).

(i) is valid on the expiration of the temporary driver's licence referred to in section 94.2 (1) (a) (i), and

  Section 95 (4) (c) BEFORE amended by 2002-25-49, effective May 9, 2002 (Royal Assent).

(c) contain a certificate of service prescribed under section 210 (3.1) (b) showing that a notice of driving prohibition under section 94.1 was personally served on the person.

  Section 95 (1) (c) BEFORE amended by 2004-68-10, effective January 1, 2005 (BC Reg 587/2004).

(c) on a first conviction, to a fine of not less than $300 and not more than $2 000 and to imprisonment for not less than 7 days and not more than 6 months, and

  Section 95 (1) (d) BEFORE amended by 2004-68-10 (part), effective April 1, 2005 (BC Reg 175/2005).

Note: above was amended by 2005-2-12, effective February 22, 2005 (Royal Assent).

(d) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $300 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.

  Section 95 (1) (a) BEFORE amended by 2010-14-10(a), effective September 20, 2010 (BC Reg 238/2010).

(a) he or she is prohibited from driving a motor vehicle under section 91, 92, 93, 94.2 or 215, or

  Section 95 (1) (b) BEFORE repealed by 2010-14-10(a), effective September 20, 2010 (BC Reg 238/2010).

(b) the person's licence or the person's right to apply for or obtain a driver's licence is suspended under section 25, 83, 87, 88, 94 or 214X of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, as the section was before its repeal and replacement or its amendment came into force under the Motor Vehicle Amendment Act, 1982,

  Section 95 (3) BEFORE amended by 2010-14-10(c), effective September 20, 2010 (BC Reg 238/2010).

(3)  If a person is charged with an offence under subsection (1) that pertains to a prohibition under section 92, 93 or 94.2, or to a suspension under section 25, 83, 87, 88, 94 or 214X of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, as the section was before its repeal and replacement or its amendment came into force under the Motor Vehicle Amendment Act, 1982, the court hearing the charge may admit into evidence a certificate of the superintendent stating the information required by subsection (4) and if the certificate of the superintendent is admitted into evidence it is proof that the defendant had knowledge of the prohibition or suspension in effect at the time of the alleged offence.

  Section 95 (4) BEFORE amended by 2010-14-10(d) to (h), effective September 20, 2010 (BC Reg 238/2010).

(4)  If a person is charged with an offence under subsection (1), the certificate referred to in subsection (2) or (3), as the case may be, must state that the prohibition or suspension was in effect on the date of the alleged offence and that the records of the Insurance Corporation of British Columbia or the superintendent, as the case may be,

(a) show that a notice of the prohibition or suspension was mailed by registered mail or certified mail to the person at the person's most recent address recorded in the records of the corporation and that the corporation or superintendent subsequently received a copy of a confirmation of delivery provided by Canada Post showing a recipient's signature that, from a comparison with the signature on the records of the corporation, appears to be that of the person to whom the notice of prohibition or suspension was sent,

(b) contain a document that

(i)  indicates that the person so charged

(A)  has acknowledged that he or she is prohibited from driving a motor vehicle, or that his or her driver's licence or his or her right to apply for or to obtain a driver's licence is suspended,

(B)  has acknowledged that he or she has received from the corporation or the superintendent a notice of prohibition against driving a motor vehicle or a notice of suspension of his or her driver's licence or of his or her right to apply for or to obtain a driver's licence, or

(C)  has surrendered his or her driver's licence to the corporation or the superintendent subsequent to receiving from the corporation or the superintendent a notice of prohibition, relating to a prohibition under section 91, 92 or 93, or a notice of suspension, and

(ii)  is signed with a signature that, from a comparison with the signature on the records of the corporation, appears to be that of the person whom the corporation or superintendent intended to prohibit from driving a motor vehicle, or whose driver's licence or right to apply for or to obtain a driver's licence the corporation or superintendent intended to suspend, or to whom the corporation or superintendent mailed a notice of prohibition or suspension, or

(c) contain a certificate of service established under section 94.3 (c) showing that a notice of driving prohibition under section 94.1 was personally served on the person.

  Section 95 (1) (a) BEFORE amended by BC Reg 357/2010 under RS1996-440-12, effective December 6, 2010 (BC Reg 357/2010).

(a) he or she is prohibited from driving a motor vehicle under section 91, 92, 93, 94.2, 215, 215.43 or 251 (4), or

  Section 95 (4) (c) BEFORE amended by 2019-11-29, effective May 16, 2019 (Royal Assent).

(c) contain a certificate of service established under section 94.3 (c), 215.47 (c) or 251 (3) (b) showing that a notice of driving prohibition under section 94.1, 215.41 or 251 (1) (h), as applicable, was personally served on the person subject to the prohibition.

  Section 95 (1) (a) BEFORE amended by 2023-10-638(a), effective March 30, 2023 (Royal Assent).

(a) he or she is prohibited from driving a motor vehicle under section 91, 92, 93, 94.2, 215, 215.43 or 251 (4)

  Section 95 (4) (b) (i) BEFORE amended by 2023-10-638(b) to (d), effective March 30, 2023 (Royal Assent).

(i) indicates that the person so charged

(A) has acknowledged that he or she is prohibited from driving a motor vehicle,

(B) has acknowledged that he or she has received from the corporation or the superintendent a notice of prohibition against driving a motor vehicle, or

(C) has surrendered his or her driver's licence to the corporation or the superintendent subsequent to receiving from the corporation or the superintendent a notice of prohibition, relating to a prohibition under section 91, 92 or 93, or a notice of suspension, and

  Section 95 (4) (c) BEFORE amended by 2023-16-41, effective November 30, 2023 (BC Reg 244/2023).

(c) contain a certificate of service established under section 94.3 (a) (iii), 215.47 (c) or 251 (3) (b) showing that a notice of driving prohibition under section 94.1, 215.41 or 251 (1) (h), as applicable, was personally served on the person subject to the prohibition.

  Section 95 (4) (d) was added by 2023-16-41, effective November 30, 2023 (BC Reg 244/2023).

  Section 96 (2) BEFORE amended by 2003-85-69, effective April 1, 2004 (BC Reg 139/2004).

(2)  A person who is prohibited from driving a motor vehicle under section 98, 99 or 100 of this Act or under section 7 (2) (f) or (3) of the Young Offenders (British Columbia) Act or under the Criminal Code must forthwith surrender his or her driver's licence or any document issued in another jurisdiction that allows him or her to drive a motor vehicle, to the justice, court clerk or sheriff for forwarding to the Insurance Corporation of British Columbia.

  Section 96 (2) (c) BEFORE amended by 2004-68-4, effective April 1, 2005 (BC Reg 173/2005).

(c) before the date on which the Youth Justice Act comes into force, under the Young Offenders (British Columbia) Act, as it then was.

  Section 96 (1) to (3) BEFORE amended by 2023-10-639, effective March 30, 2023 (Royal Assent).

(1) If a person is prohibited from driving a motor vehicle under section 91, 92 or 93, he or she must,

(a) if notified of the prohibition by mail, immediately send his or her driver's licence, or any document issued in another jurisdiction that allows him or her to drive a motor vehicle, to the Insurance Corporation of British Columbia, and

(b) if notified by personal service by a peace officer, sheriff or person authorized by the Insurance Corporation of British Columbia or the superintendent, surrender the person's driver's licence, or any document issued in another jurisdiction that allows the person to drive a motor vehicle, to the serving peace officer, sheriff or person for forwarding to the corporation.

(2) A person must immediately surrender his or her driver's licence, or any document issued in another jurisdiction that allows him or her to drive a motor vehicle, to the justice, court clerk or sheriff for forwarding to the Insurance Corporation of British Columbia if the person is prohibited from driving a motor vehicle

(a) under section 98, 99 or 100 of this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(b) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(c) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was.

(3) If a person fails to comply with subsection (2), a peace officer or sheriff, at the request of the Insurance Corporation of British Columbia, may recover the driver's licence issued to that person under this Act or any document issued in another jurisdiction that allows him or her to drive a motor vehicle.

  Section 97.1 (5) BEFORE amended by 2010-14-11, effective September 20, 2010 (BC Reg 238/2010).

(5)  On receipt of a driver's licence forwarded under section 94.3 to the superintendent by a peace officer, the superintendent must forward the driver's licence to the Insurance Corporation of British Columbia.

  Section 97.1 (1) to (3) BEFORE amended by 2023-10-640, effective March 30, 2023 (Royal Assent).

(1) If a person surrenders his or her driver's licence to the superintendent or a person authorized by the superintendent, the superintendent is to forward that driver's licence to the Insurance Corporation of British Columbia.

(2) A person who surrenders his or her driver's licence to the superintendent is deemed to have delivered the licence at the time of the surrender to the Insurance Corporation of British Columbia.

(3) The Insurance Corporation of British Columbia is to notify the superintendent if any person surrenders his or her driver's licence to the corporation.

  Section 97.2 was enacted by 2010-14-12, effective September 20, 2010 (BC Reg 238/2010).

  Section 98 (2) (a) and (b) BEFORE amended by 2007-14-156, effective December 1, 2007 (BC Reg 354/2007).

(a) an offence under this Act,

(b) an offence under the regulations, or

  Section 98 (5) BEFORE amended by 2015-13-9, effective February 3, 2016 (BC Reg 12/2016).

(5) A person, who is prohibited from driving a motor vehicle under this section for a period of more than 3 years, may make an application to the court that prohibited him or her from driving for a review of the length of the prohibition, after 3 years of the prohibition have elapsed and after notifying the Insurance Corporation of British Columbia.

  Section 98 (2) (e) BEFORE amended by 2023-10-641(a), effective March 30, 2023 (Royal Assent).

(e) even though the person is or may be subject to another prohibition from driving, prohibit the person from driving a motor vehicle for a definite period of time if the court considers that the facts of the case or the person's driving record or both the facts of the case and his or her driving record when taken together justify the prohibition.

  Section 98 (5) BEFORE amended by 2023-10-641(b), effective March 30, 2023 (Royal Assent).

(5) A person, who is prohibited from driving a motor vehicle under this section for a period of more than 3 years, may make an application to the court that prohibited him or her from driving for a review of the length of the prohibition, after 3 years of the prohibition have elapsed.

  Section 99 (2) BEFORE amended by 2003-85-70, effective April 1, 2004 (BC Reg 139/2004).

(2)  A person who is convicted of

(a) an offence under section 95, 102, 224 or 226 (1), or

(b) a motor vehicle related Criminal Code offence

is automatically and without notice prohibited from driving a motor vehicle for 12 months from the date of sentencing, the date that the passing of sentence is suspended, the date of being granted an absolute or conditional discharge or the date a court makes a disposition under the Young Offenders Act (Canada) or the Young Offenders (British Columbia) Act.

  Section 100 (3) (e) was added by 2018-18-15, effective December 18, 2018 (BC Reg 255/2018).

  Section 100 (1) and (2) BEFORE amended by 2023-10-642, effective March 30, 2023 (Royal Assent).

(1) A driver of a motor vehicle commits an offence if

(a) he or she

(i) is signalled or requested to stop by a peace officer who is readily identifiable as a peace officer, and

(ii) fails to come to a safe stop, and

(b) a peace officer pursues the driver in order to require him or her to stop.

(2) If a person commits an offence under subsection (1), he or she is liable to a fine of not less than $300 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months, or to both.

  Section 101 (1) definition of "prohibition" BEFORE amended by 2003-85-71, effective April 1, 2004 (BC Reg 139/2004).

"prohibition" means a prohibition on a person from driving a motor vehicle, imposed by or under section 98, 99 or 100 of this Act, or by or under section 7 (2) (f) or (3) of the Young Offenders (British Columbia) Act, and "prohibited from driving" has a corresponding meaning;

  Section 101 (1) definition of "prohibition", paragraph (c) BEFORE amended by 2004-68-4, effective April 1, 2005 (BC Reg 173/2005).

(c) before the date on which the Youth Justice Act comes into force, by or under the Young Offenders (British Columbia) Act, as it then was,

  Section 101 (1) definition of "prohibition" BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).

"prohibition" means a prohibition on a person from driving a motor vehicle, imposed

(a) by or under section 98, 99 or 100 of this Act,

(b) by or under the Youth Justice Act, or

(c) before April 1, 2004, by or under the Young Offenders (British Columbia) Act, as it then was,

and "prohibited from driving" has a corresponding meaning;

  Section 101 (10) BEFORE amended by 2023-10-643, effective March 30, 2023 (Royal Assent).

(10) If a prohibition is reimposed by subsection (8) (a), the person must forthwith cause his or her licence to be sent to the Insurance Corporation of British Columbia.

  Section 101 (11) (a) BEFORE amended by 2023-10-643, effective March 30, 2023 (Royal Assent).

(a) the person must cause his or her licence to be surrendered to the court as soon as practicable after the dismissal, and the prohibition has effect from the date of reimposition whether or not the licence has been surrendered, and

  Section 102 (a) BEFORE amended by 2003-85-72, effective April 1, 2004 (BC Reg 139/2004).

(a) he or she is prohibited from driving a motor vehicle under section 98, 99 or 100 of this Act or under section 7 (2) (f) or (3) of the Young Offenders (British Columbia) Act, or

  Section 102 (c) BEFORE amended by 2004-68-11(a), effective January 1, 2005 (BC Reg 587/2004).

(c) on a first conviction, to a fine of not less than $300 and not more than $2 000 and to imprisonment for not less than 7 days and not more than 6 months, and

  Section 102 (a) (iii) BEFORE amended by 2004-68-4, effective April 1, 2005 (BC Reg 173/2005).

(iii)  before the date on which the Youth Justice Act comes into force, under the Young Offenders (British Columbia) Act, as it then was, or

  Section 102 (a) (part) and (b) BEFORE amended by 2023-10-644, effective March 30, 2023 (Royal Assent).

(a) he or she is prohibited from driving a motor vehicle

(b) his or her driver's licence or his or her right to apply for or obtain a driver's licence is suspended under section 82 or 92 of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, as the section was before its repeal and replacement came into force under the Motor Vehicle Amendment Act, 1982,

  Section 104 (5) (a) BEFORE amended by 2003-85-73, effective April 1, 2004 (BC Reg 139/2004).

(a) is or was prohibited from driving a motor vehicle or his or her right to apply for or obtain a driver's licence is or was suspended under this Act, the Young Offenders (British Columbia) Act, the Young Offenders Act (Canada) or the Criminal Code, and

  Section 104 (5) (a) (iii) BEFORE amended by 2004-68-4, effective April 1, 2005 (BC Reg 173/2005).

(iii)  before the date on which the Youth Justice Act comes into force, under the Young Offenders (British Columbia) Act, as it then was, and

  Section 104 (1) (c) BEFORE amended by 2003-94-43,Sch, effective June 1, 2007 (BC Reg 166/2006).

(c) an offence under the Insurance (Motor Vehicle) Act or its regulations, or

  Section 104 (1) (a) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(a) an offence under this Act or the regulations,

  Section 104 (1) (b) and (c) BEFORE amended by 2007-14-157, effective December 1, 2007 (BC Reg 354/2007).

(b) an offence under the Commercial Transport Act or its regulations,

(c) an offence under the Insurance (Vehicle) Act or its regulations, or

  Section 104 (4) and (5) BEFORE amended by 2023-10-645, effective March 30, 2023 (Royal Assent).

(4) If a person

(a) is convicted of an offence or given an absolute or conditional discharge, and

(b) is a resident of or has a document from another jurisdiction that allows him or her to drive a motor vehicle,

the Insurance Corporation of British Columbia must send a certificate, transcript of or certified copy of the person's conviction to the person in charge of the registration of motor vehicles or licensing of drivers in the jurisdiction in which the person resides or from which the person has a document that allows him or her to drive a motor vehicle, as the case may be.

(5) If the Insurance Corporation of British Columbia has received notice that a person

(a) is or was prohibited from driving a motor vehicle, or his or her right to apply for or obtain a driver's licence is or was suspended,

(i) under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,

(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or

(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was, and

(b) is a resident of or has a document from another jurisdiction that allows him or her to drive a motor vehicle,

the corporation must send

(c) a notice of the prohibition or suspension containing a brief statement of the reasons for it, and

(d) the document that allows the person to drive a motor vehicle, if it is in the corporation's possession,

to the person in charge of the registration of motor vehicles or licensing of drivers in the jurisdiction in which the person resides or from which he or she has a document that allows him or her to drive a motor vehicle, as the case may be.

  Section 104.1 (4) (a) BEFORE amended by 2002-25-50, effective May 9, 2002 (Royal Assent).

(a) order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner, if the owner completes a statutory declaration in the prescribed form, and

  Section 104.1 and 104.2 BEFORE repealed by 2010-14-14, effective September 20, 2010 (BC Reg 238/2010).